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(영문) 서울남부지방법원 2019.04.05 2018가단20365
대여금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 87,721,945 as well as Defendant C from January 1, 2016 to Defendant C.

Reasons

1. The fact that there is no dispute that D Co., Ltd. (hereinafter “Nonindicted Company”) borrowed KRW 100 million from the Plaintiff on November 16, 2013 and agreed to pay interest of KRW 3% per month (the Plaintiff and the Defendant agreed to extend the payment period thereafter over several times). The Defendants jointly and severally guaranteed the Defendant’s above loan obligations against the Plaintiff of the Nonparty Company, the fact that the Plaintiff received KRW 63,795,000 in total from the Nonparty Company from November 19, 2013 to December 31, 2015 does not conflict between the parties.

2. According to the above facts of recognition, the Defendants are jointly and severally obligated to pay to the Plaintiff 87,721,945 won of the principal of the loan remaining in accordance with an appropriation for performance, such as the attached Table, as well as the amount calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from January 1, 2016 to November 23, 2018 for Defendant C, and from December 21, 2018 for Defendant B, 25% per annum, which is the highest interest rate prescribed by the Interest Limitation Act until December 21, 2018 for Defendant B, and from the following day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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