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(영문) 서울중앙지방법원 2018.05.14 2017가단5189037
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 330,959,138 as well as KRW 219,546,075 as from January 10, 2018.

Reasons

Around May 20, 2014, the Plaintiff loaned KRW 380,00,00 to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) at the loan rate of KRW 380,00,00 to May 20, 2014; repayment method of principal and interest; interest rate of KRW 8.5% per annum; and interest rate of delay; and interest rate of KRW 25% per annum; Defendant B guaranteed the Defendant Co., Ltd.’s debt; Defendant Co., Ltd.’s payment of the above debt; Defendant Co., Ltd. paid the unpaid principal as of August 25, 2017; Defendant Co., Ltd. paid the above loan amount of KRW 241,460,523; interest and expenses unpaid as of KRW 89,498,615; and Defendant Co., Ltd. was repaid in KRW 21,914,48 on January 9, 2018; and Defendant Co. 16 through 15, Ltd.

According to the above facts, the Defendant Company’s obligations for the above loans that it did not repay by January 9, 2018 are KRW 331,702,287 in total [219,546,07 won [241,460,523 won [212,156,212 won in total] the interest and expenses that the unpaid principal are due (i.e., KRW 21,914,448 won]. The Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 25% in total from January 10, 2018 to the date of full payment.

Therefore, the plaintiff's claim against the defendants is justified and all of them are accepted, and it is so decided as per Disposition.

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