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(영문) 서울중앙지방법원 2016.08.25 2016가단5007206
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., and B, jointly and severally 44,688,756 won and 8,682,035 won among them.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of each entry in Gap evidence A(including paper numbers) and all the arguments.

The Plaintiff lent money to Defendant A as indicated in the “Contents of Calculation of Principal and Interest of Loans” as shown in the attached Form, and Defendant B and C jointly and severally guaranteed Defendant A’s debt as shown in the attached Form.

B. All of the loan claims under the preceding paragraph have arrived before January 1, 2013, and the agreed interest rate for delay on and after January 1, 2013 is 11% per annum, and the principal and interest as of January 7, 2016 of the above bonds are as stated in the “the calculation of principal and interest on loans” in the attached Form.

2. According to the above facts of recognition, the defendants bear the same obligation as the statement in the “statement of calculation of the principal and interest of the loan” attached to the plaintiff. Thus, the defendants must pay the same.

However, the Plaintiff explicitly claims part of the Plaintiff in this case. As to the Plaintiff’s partial claims, Defendant A Co., Ltd., and B Co., Ltd., jointly and severally KRW 44,68,756, and KRW 8,682,035, which is the following day of the above base date, shall be paid 11% per annum from January 8, 2016 to July 15, 2016, which is the date of the final service of the copy of the application for amendment of the purport of the claim as of July 15, 2016, and KRW 15% per annum from July 15, 2016 to the date of full payment, and KRW 54,00,00 per annum from the following day to the date of full payment, Defendant B shall be paid the above money within the limit of KRW 21,125,657, and KRW 4,546 per annum from the following day to 30.16% per annum, respectively.

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