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Reasons
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(영문) 서울중앙지방법원 2020.04.06 2019가단5133700
대여금
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1. The Defendants are jointly and severally liable to the Plaintiff.

(a) From April 15, 2019 to KRW 12,807,894 and to KRW 9,188,243 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff extended a loan to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on three occasions, and Defendant D guaranteed each obligation of the Defendant Co., Ltd., and the specific details are as follows.

(2) On October 15, 2017, 201, 11.9% per annum 12.9% per annum 63,000,000,000 per annum 14.9% per annum 14.9% per annum 39,000,000 on October 12, 2015, 12.9% per annum 81,90,000,000 per annum 9.9% per annum 12.9% per annum 81,90,000,000,000 per annum 12.9% per annum 2.47,000,003 on February 15, 2015, 200,000 per annum 10% per annum 10,000 per annum 10,000 per annum 10,008.

B. However, the Defendant Company lost the benefit of time pursuant to Article 7 of the Framework Act on Credit Transactions by delaying the payment of the installment payments under each of the instant loan agreements at least twice.

C. On the other hand, the principal and interest accrued from loans under each of the instant loan agreements calculated as of April 14, 2019 are as follows:

Serial 19,188,243 3,619,651 12,807,894221,799 12,049,049,3035,271,10236,570,301, 308, 965 7,579,295 / [Grounds for Recognition] 19,18, 243, 619, 6512, 807, 221, 799, and 295

2. According to the determination as to the cause of the claim, barring any special circumstance, the Defendants shall jointly and severally pay to the Plaintiff the amount of KRW 12,807,894 and the amount of KRW 9,188,243 as well as the amount of KRW 14.9% per annum from April 15, 2019 to the date of full payment; Defendant D shall be paid within the limit of KRW 39,00,000 and the amount of KRW 35,271,102 and the amount of KRW 23,21,79 per annum from April 15, 2019 to the date of full payment; Defendant D shall be paid the amount of KRW 12.9% per annum from April 15, 2019 to the date of full payment; Defendant D shall be paid within the limit of KRW 81,90,000 and KRW 6,57,300 among these amounts; and Defendant D shall be paid the amount of KRW 10.15% per annum from April 19, 19.

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