logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.11.07 2017가단225972
대여금
Text

1. The Defendants shall be jointly and severally liable to the Plaintiff to the extent of KRW 576,00,000, and Defendant B shall not exceed KRW 413,154,663 and 341,056.

Reasons

1. Facts of recognition;

A. On February 22, 201, the Plaintiff: (a) lent KRW 180 million to Defendant A Co., Ltd. (hereinafter “Defendant Company”); (b) KRW 100 million on July 14, 201; and (c) KRW 200 million on February 14, 201, respectively, at 4.81% per annum for each interest; and (d) KRW 12% per annum for interest.

B. Defendant B guaranteed each of the above loans owed to the Plaintiff within the limit of KRW 576 million in total.

C. The Defendant Company lost the benefit of time due to the delay in paying the principal and interest, and thereafter repaid to the Plaintiff KRW 10 million.

If the above partial repayment is reflected, the balance of the principal and interest of each of the above loans as of June 22, 2017 is 413,154,663 won in total (i.e., principal interest of KRW 320,868,153 (i.e., interest of KRW 18,602,640 in interest of KRW 72,098,220 in substitute payment of KRW 1,585,650).

[Ground of recognition] Facts without dispute, Gap 6 evidence, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable, and Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from June 23, 2017 to the date of full payment, as to the total amount of principal, interest, and substitute payment of KRW 413,154,663 as well as the total amount of principal, interest, and substitute payment of KRW 341,056,443 as well as damages for delay calculated from June 23, 2017 to the date of full payment.

3. Thus, the plaintiff's claim against the defendants is justified, and each of them is accepted.

arrow