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(영문) 서울동부지방법원 2020.06.23 2019가단143125
대여금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 165,00,000 and Defendant B Co., Ltd. from September 1, 2018.

Reasons

1. Basic facts

A. The loan and repayment between the Plaintiff and the Defendant Company B were in progress, and Defendant C jointly and severally guaranteed the obligation to return additional loans No. 4 set forth below.

D Payment of KRW 15,00,000 on March 31, 2018, 2018, 200,000,000 on the repayment date of KRW 250,000,000 on the repayment date of KRW 150,000,000 on the repayment date of KRW 150,000 on May 18, 2018, 32018, KRW 135,000,000 on the repayment date of KRW 40,000 on June 170, 200, KRW 305,000 on the repayment date of KRW 305,00,00 on the repayment date of KRW 170,00 on the payment date of KRW 10,00 on the repayment date of KRW 5,00,000 on the repayment date of KRW 15,000,000 on the payment date of KRW 200 on the payment date of KRW 8.

B. The Plaintiff’s total amount of KRW 205,00,000 (= KRW 50,000,000,000) was appropriated for KRW 35,000,000 for KRW 25,000,000 for KRW 80,000 for loan No. 1 of the above Table, and the remainder of KRW 5,000,000 for loan No. 4 of the above Table was appropriated for KRW 170,000 for KRW 170,000 for loan, and the remainder of KRW 165,00,000 for loan No. 4 of the same Table was appropriated for KRW 4 of the same Table.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff 165,00,000 won and the amount calculated at the rate of 5% per annum as prescribed by the Civil Act from September 1, 2018 to October 17, 2019, which is the day following the date of repayment, and 12% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Defendant C is liable to pay damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from September 1, 2018 to October 15, 2019, which is the day of delivery of a copy of the complaint of this case from September 1, 2018 to the day of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by admitting all of the claims.

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