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(영문) 서울남부지방법원 2020.06.25 2020가단236453
대여금 및 보증채무금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 144,974,651 and KRW 139,290,496 among them.

Reasons

1. Facts of recognition;

A. On May 25, 2017, the Plaintiff lent to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) KRW 9.9% of the interest rate, KRW 25% of the overdue interest rate, KRW 48 months of the repayment period, KRW 130 million of March 27, 2018, KRW 9.9% of the interest rate, overdue interest rate, KRW 24% of the overdue interest rate, and KRW 60 million of the repayment period, respectively. Defendant D guaranteed the Defendant Co., Ltd’s obligation to repay the borrowed amount of KRW 98.4 million of the maximum amount of the guaranteed obligation on May 25, 2017, and KRW 156 million of the borrowed amount of March 27, 2018, respectively.

B. As of February 3, 2020, the Defendant Company lost the benefit of time due to delay in the performance of each of the above loans. As of May 25, 2017, the principal of the loan 39,874,077 won, interest and overdue interest 1,640,103 won, and the principal of the loan 9,416,419 won, interest and overdue interest 4,054,052 won, each of which remains as of March 27, 2018.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 144,974,651 won and damages for delay calculated by the ratio of 12.9% per annum for the plaintiff from February 4, 2020 to the date of full payment.

(2) Defendant D asserted that Defendant D’s claim against the Defendants was pending in Suwon District Court 2019Da59749, but the above case was not a decision of commencement by the closing date of pleadings). 3. In conclusion, the Plaintiff’s claim against the Defendants is justified.

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