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(영문) 서울동부지방법원 2019.10.29 2019가단4619
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 90,000,000 won, and 4.0% per annum from February 4, 2017 to May 28, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and D respectively lent KRW 80 million to Defendant B Co., Ltd. (hereinafter “Defendant Company”) on January 6, 2017, and KRW 100 million on February 3, 2017.

B. On January 1, 2018, Defendant Company received a grace period from Plaintiff and D, and agreed to pay the Plaintiff, etc. a total of KRW 180 million until June 30, 2018, with interest added to 4.6% per annum, and Defendant C jointly and severally guaranteed the Defendant Company’s debt.

[Reasons for Recognition] Defendant Company: The fact that there is no dispute over Defendant C: entry of evidence No. 1, the purport of the whole pleadings, and the purport of the whole pleadings.

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff, one of the creditors (i.e., KRW 180 million of the borrowed principal x 1/2) and, as sought by the Plaintiff, interest or delay damages calculated at the rate of 4.6% per annum under the agreement from February 4, 2017 to May 28, 2019, which is the date of the final delivery of the copy of the complaint of this case, from February 4, 2017 to May 28, 2019, and from the next day to the date of full payment.

3. Accordingly, the plaintiff's claim against the defendants of this case against all of the defendants is justified, and it is so decided as per Disposition.

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