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(영문) 서울남부지방법원 2014.07.17 2014가단202299
대여금
Text

1. Defendant A and Defendant B jointly and severally agreed on KRW 18,750,120 and KRW 17,823,820 among them.

Reasons

1. Claim for the return of loans to Defendant A and B

A. (1) On February 21, 2012, the Plaintiff loaned KRW 73,00,000 to Defendant A Co., Ltd. (hereinafter “A”) at the rate of 18% per annum on February 20, 2015, interest rate of KRW 7.85% per annum, and overdue interest rate of KRW 18% per annum. The Plaintiff agreed to lose the benefit of time when the repayment of the principal and interest of the loan was delayed for 30 days or more, and set off the mutual-aid installments claim against the Plaintiff and the obligation of the said Defendant without notification at the next time.

In addition, as the representative of the above A, the defendant B, who was a inside director, was jointly and severally guaranteed the defendant A's loan obligations.

(2) On March 2012, Defendant A lost the benefit of time due to delayed repayment of the principal and interest of loans, thereby losing the benefit of time on April 20, 2013 pursuant to the agreement.

(3) As of April 20, 2013, Defendant A’s loan obligations against the Plaintiff are set off against the loan principal of the said Defendant’s mutual-aid installment claims of KRW 55,176,180 against the said Plaintiff, and the loan principal is KRW 17,823,820, and the unpaid loan interest amount is KRW 926,300.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

B. According to the above facts of recognition, Defendant A and B are jointly and severally liable to pay to the Plaintiff the amount of KRW 18,750,120, the total amount of loans and interest, and KRW 17,823,820, which is the day following the day when the benefit of time was lost, to May 1, 2014, which is the day when the last copy of the complaint of this case is served against the said Defendants, the interest rate of KRW 18% per annum, and delay damages calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the day when the payment is made.

2. Claim for revocation of fraudulent act against Defendant C and D and restitution to its original state;

A. (1) On February 20, 2013, Defendant B entered into a contract with Defendant C and D, who is his/her father, to donate 1/2 shares of each of his/her woodland E 9,322 square meters (hereinafter “instant real estate”).

hereinafter referred to as "each of the instant cases."

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