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(영문) 서울중앙지방법원 2016.04.08 2015가단5265043
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

A. As to KRW 319,00,627 and KRW 57,078,53 among them, from July 23, 2015 to KRW 533.

Reasons

1. Facts of recognition;

A. On February 22, 2010, the Plaintiff leased KRW 400,000,000 to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as indicated in the attached Table, as of February 22, 2011, to the end of February 22, 2011. Defendant B guaranteed the said loan’s obligation within the scope of KRW 460,000,000.

B. On May 28, 2010, the Plaintiff lent KRW 300,000,000 to the Defendant Company as shown in the attached Table, and Defendant B guaranteed the said loan obligation within the scope of KRW 360,000,000.

C. The Defendant Company lost the benefit of time due to the delayed payment of the agreed interest on the loan, and the interest rate for delay determined by the Plaintiff is 11% per annum.

As of July 22, 2015, loans owed by the Defendant Company (as of July 22, 2015, the principal amount of KRW 698,950,947 ( KRW 398,950,947, KRW 300,000) and delay damages amount of KRW 457,149,954 ( KRW 261,931,094).

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 4, the purport of the whole pleadings]

2. Determination

A. According to the above facts, the Defendants shall jointly and severally pay to the Plaintiff the amount of damages calculated at the rate of 11% per annum from the following day to the date of the last delivery of the application form for modification of the purport of the instant claim from July 23, 2015 to November 17, 2015; 15% per annum from the following day to the date of the full payment; KRW 460,000,000 per annum; KRW 261,931,00 per annum; KRW 319,627 per annum; and KRW 57,078,533 per annum; and KRW 57,00 per annum from the following day to the date of the full payment; ② Defendant B shall be paid at the rate of 15% per annum from the date of the partial payment; and KRW 460,00,000 per annum to the date of the full payment; and KRW 316,294; and KRW 281,297,2814,200 and KRW 27.2814.

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