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(영문) 서울중앙지방법원 2015.01.28 2014가단183002
대여금
Text

1. The Plaintiff:

A. The Defendant A and B shall jointly and severally pay KRW 111,80,000 and the corresponding amount from November 9, 2014.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Applicable legal provisions of the Civil Procedure Act and Article 208 (3) 3 of the same Act.

3. The loan obligations of partial dismissal network D refers to the damages for delay calculated at the rate of 25% per annum from April 1, 2014 to the date of full payment of principal amounting to KRW 148,967,393, and the balance of principal amounting to KRW 81,347,891. Defendant B provided a collateral guarantee within the limit of KRW 118,000,000,000,000, which is less than the amount of principal and interest of the loan. Defendant B, as a limited collateral guarantor, is obligated to pay “11,80,000 won and damages for delay calculated at the rate of 20% per annum from November 9, 2014 to the date of full payment, as sought by the Plaintiff.”

Meanwhile, Defendant B is obligated to pay “89,380,436 won and damages for delay calculated at the rate of 25% per annum from April 1, 2014 to the date of full payment, which constitute one’s own inheritance shares (5/3) among the above loan obligations, as the heir of the network D. Since the above amount of inheritance obligations falls short of the amount of obligations as the above limited guarantor, Defendant B is obligated to pay “11,800,000 won and damages for delay calculated at the rate of 20% per annum from the day following the delivery date of the application for the payment order of this case to the day of full payment, and the Plaintiff’s claim against Defendant B for payment in excess of this amount is dismissed as it is without merit.

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