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서울남부지방법원 2020.03.27 2019가단255373

대여금 및 보증채무금

Text

1. The Plaintiff:

A. Defendant C Co., Ltd.: (a) starting from August 13, 2019, for KRW 39,322,138 and KRW 31,745,678 among them.

Reasons

According to the evidence evidence Nos. 1 through 5, the Plaintiff loaned KRW 58,00,00 to Defendant C Co., Ltd. on November 30, 2016. G was jointly and severally liable for a loan, G was dead on October 6, 2017, and Defendant E and F was the heir, and the heir was inherited, and the unpaid loan as of May 31, 2018 was lost due to the loss of the benefit as of August 12, 2019, and the unpaid loan as of August 12, 2019 was KRW 31,745,678, interest or delay damages was KRW 7,576,46,460, and the delayed interest rate was 16.9% per annum.

Therefore, Defendant C Co., Ltd. is obligated to pay damages for delay calculated at the rate of 16.9% per annum from August 13, 2019 to the date of full payment with respect to KRW 39,322,138 and KRW 31,745,678 among them. Defendant E and F are jointly and severally liable with Defendant C Co., Ltd. within the limit of inherited property from G to the date of full payment. Thus, the Plaintiff’s claim is with merit and is so decided as per Disposition.