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(영문) 서울중앙지방법원 2015.08.18 2014가단5330148
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) From November 14, 2014 for KRW 105,008,781 and for KRW 101,132,898 among them.

Reasons

1. Basic facts

A. On April 7, 2014, the Plaintiff entered into a credit transaction agreement with Defendant D Co., Ltd., Ltd. (hereinafter “Defendant Co., Ltd.”) on a discount note, credit amounting to KRW 121,00,000,00, and the expiration date of the credit until July 30, 2014; the interest rate was at the rate of interest calculated by adding 4.126% to the short-term original loan interest rate (hereinafter “first loan”); and the Defendant A set the guarantee limit amount to KRW 145,20,00 for Nonparty Co., Ltd.’s first loan obligation as KRW 145,20,00.

Accordingly, the plaintiff paid the above loans to the non-party company.

B. On June 30, 2014, the Plaintiff entered into a credit transaction agreement between the Defendant Company and a small and medium enterprise financing loans, the credit amount of KRW 45,00,000, and the expiration date of the credit amount of July 30, 2014; the interest rate of December plus 5.397% (hereinafter “second loan”); and the Defendant A set the guarantee limit of the second loan obligations of the non-party company as KRW 54,00,000.

Accordingly, the plaintiff paid the above loans to the non-party company.

C. At the time of each credit transaction agreement, the interest rate for delay is 11% per annum calculated by adding the interest rate for delay to the interest rate for credit, and the interest rate for delay is 7% per annum if the period of delay is less than three months, and 8% per annum if the period of delay is more than three months.

As of November 13, 2014, the principal of the first loan is 101,132,898 won for the principal, damages for delay is 3,875,83 won for the second loan, the principal is 45,000,000 won for the second loan, damages for delay is 1,04,246 won for the second loan, and damages for delay is 11% per annum for the period from January 1, 2013 to the date.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the Defendants jointly and severally agreed on KRW 105,08,781 of the principal and interest of the first loan and KRW 101,132,898 of the principal among them, from November 14, 2014 to December 29, 2014, the last copy of the complaint of this case, from November 29, 2014.

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