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(영문) 서울남부지방법원 2017.03.23 2015가합107909
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff provided each of the following loans to Defendant A Co., Ltd. (hereinafter “Defendant A”).

Defendant B and C jointly and severally guaranteed each of the following loans owed by Defendant A to the Plaintiff:

1) Amount of loan: 100,000,000 won loan: The interest rate on the loan of 4.33% per annum on February 18, 2010: 12% per annum on loan amount: 296,000,000 won loan date: the interest rate on the loan of 296,000 won on October 6, 2010: 12% per annum on loan amount: 12% per annum on loan amount of 100,000 won loan date: 10,000 won loan amount: 3.5% per annum on loan amount of 3.81% per annum on loan of 3.81% per annum on loan amount of 10,000 won loan amount: 3.5% per annum on loan amount of 3.5% special loan agreement rate of small amount of loan: 12% per annum.

B. According to the above loan agreement and the Plaintiff’s basic loan agreement, Defendant A shall bear expenses incurred in preserving or exercising the Plaintiff’s claim against Defendant A, and where the Plaintiff paid the above expenses, the Plaintiff shall reimburse the Plaintiff the amount of substitute payment equivalent to the amount.

C. However, Defendant A did not pay the principal and interest in violation of the above loan agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the Plaintiff’s claim against the Defendants

A. As of August 19, 2016, Defendant A lost the benefit of time due to delayed repayment of each of the above loans owed by the Plaintiff. As of August 19, 2016, Defendant A lost the benefit of time due to delayed repayment of each of the above loans owed by the Plaintiff. As of the Plaintiff’s respective amount of each of the loans was KRW 14,83,849,424,862,775, interest 25,023,842, interest 25,023,842, interest 73,442, interest 73,42,3

In this context, if the plaintiff's 513,242,696 won was paid in the order of expenses, principal, interest, and overdue interest, the amount of the loan will be paid in full, and the overdue interest will remain in 24,920,163 won.

Accordingly, Defendant A as a loan obligor, Defendant B and C.

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