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(영문) 서울중앙지방법원 2015.10.13 2015가단5266862
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 4,204,462,423 and KRW 886,47,886 among them.

Reasons

1. Determination on the cause of the claim

A. 1) On October 16, 2009, the Korea Savings Bank Co., Ltd. lent KRW 5,000,000 to Defendant limited liability companies (former trade names: US limited liability companies) on the following terms: (i) interest: 10% per annum; (ii) the period: (iii) the delayed compensation rate until April 6, 2010; (iv) 20% less than three months, more than three months but less than six months, less than six months, and more than 22%; and (v) Defendant L&S consulting Co., Ltd. provided a limited guarantee to the above obligations within the scope of KRW 6,50,00,000.

3) As of April 9, 2015, the above obligation remains in total of KRW 4,204,462,462,423, and the Plaintiff was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013, and the Plaintiff was appointed as bankruptcy trustee.

[Grounds for recognition] Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

B. The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 4,204,462,423 and the amount of KRW 886,47,886, whichever is the principal, to the extent of KRW 22% per annum, which is the interest rate for delay damage from April 10, 2015 to the date of full payment. Defendant L&S consulting companies are jointly and severally liable to pay to the Plaintiff the amount of KRW 6,500,000,000, which is the limited amount of collateral guarantee.

2. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.

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