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(영문) 서울중앙지방법원 2019.11.21 2019가단5192051
대여금 등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) starting from May 28, 2019, for KRW 785,896,626 and KRW 453,630,784 among them.

Reasons

1. Facts of recognition;

A. On February 27, 2014, Defendant B (hereinafter “Defendant Company”) approved that the basic terms and conditions of banking loan transactions apply, and concluded a loan agreement between the Plaintiff and the Plaintiff, setting the loan amount of general loan, the amount of loan amount of KRW 498 million, the due date for repayment, and the due date for payment on February 27, 2015, which set the rate of overdue interest plus additional interest in arrears (hereinafter “instant loan”).

B. At the time of the instant loan agreement, Defendant C jointly and severally guaranteed the Defendant Company’s loan obligation by setting the guarantee limit of the root amount to KRW 597,600,000.

C. However, as of May 27, 2019, the Defendant Company did not fully repay the principal and interest of this case even after the due date (i.e., the principal amount of KRW 785,896,626 as of May 27, 2019 (i.e., the principal amount of KRW 453,630,784 or delay damages amount of KRW 332,265,842) remains unpaid. The overdue interest rate applicable to the loan of this case as of the above basic date is 14

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1 through 5 (including virtual number) and the purport of whole pleading

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant Company is obligated to pay the Plaintiff the interest of KRW 785,896,626 as of May 27, 2019, and the principal amount of KRW 453,630,784 as of the base date, from May 28, 2019, to July 31, 2019, the delivery date of the duplicate of the complaint (payment order) of this case, within the agreed interest rate of delay, the Plaintiff’s annual interest rate of KRW 6% as of July 31, 2019, and the annual interest rate of KRW 12% as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and the Defendant C is jointly and severally liable with the Defendant Company to pay KRW 597,60,000,00 corresponding to the guarantee limit of the above principal and interest.

B. The Defendants’ assertion 1) The original Defendant Company is D Co., Ltd. (hereinafter “D”).

. materials for the purposes of this section.

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