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(영문) 서울중앙지방법원 2018.05.02 2017가단94004
대여금등
Text

1. The Defendants jointly and severally pay 30,984,166 won to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1.The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 4 (including paper numbers) and Eul evidence No. 1, together with the whole purport of the pleadings:

On June 13, 2003 and August 11, 2003, the Plaintiff concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and loaned KRW 70,000,000, and KRW 30,000,000 (hereinafter “instant loan”). Defendant B jointly and severally guaranteed the instant loan obligations.

B. On July 30, 2007, the Plaintiff filed an application for payment order against the Defendants for the payment of the principal and interest of the instant loan. “The Defendant jointly and severally paid 88,115,668 won and 21% interest per annum from October 19, 2006 to the date of full payment.” The above payment order was finalized on November 21, 2007 for the Defendant Company and August 18, 2007 for Defendant B.

C. The instant loan obligation was repaid with the principal of the loan until November 21, 2008, and there was damages for delay from October 19, 2006 to the date of completion of the repayment. The instant loan obligation incurred KRW 30,984,166 from October 19, 206 to the date of completion of the repayment.

2. Determination

A. According to the above facts, the defendant company is the principal debtor of the loan of this case, and the defendant B is jointly and severally liable to pay 30,984,166 won to the plaintiff as the joint guarantor.

B. As to this, the Defendants asserted that the damages for delay of the loan of this case had been five years since the date of the final repayment of the principal principal. However, the payment order that the Plaintiff filed against the Defendants for the payment of principal and interest of the loan of this case against the Defendant Company was finalized on November 21, 2007; and on August 18, 2007 against the Defendant Company, respectively, as seen earlier, the Defendant’s damages for delay was finalized on August 18, 2007, and Article 474 of the Civil Procedure Act, Article 165 of the Civil Act.

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