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(영문) 서울중앙지방법원 2016.10.11 2016가단89036
대여금 등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from December 31, 2015 to KRW 163,922,495 and KRW 88,098,864 among them.

Reasons

1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in Gap evidence Nos. 1 and 2 (including a serial number).

2. Determination

A. According to the above facts, Defendant A Co., Ltd. (hereinafter “Defendant A”) shall pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from December 31, 2015 to the date of full payment of KRW 163,922,495 and KRW 88,864 as the principal obligor or joint guarantor of each of the loan contracts of this case, and the damages for delay calculated at the rate of KRW 156,00,000 per annum from December 31, 2015 to the date of full payment. Defendant B shall jointly and severally with Defendant A pay KRW 132,878,571 and KRW 70,50,000 among them, KRW 130,50,000 per annum from December 31, 2015 to the date of full payment, KRW 1050 per annum from KRW 30,500 per annum, KRW 3005,300,000 per annum.

B. As to this, the Defendants asserted that the statute of limitations of the Plaintiff’s respective loans of this case has expired as of May 3, 2016, and thus, the claim of this case is unreasonable. However, it is apparent in the record that the Plaintiff’s lawsuit of this case was filed on January 12, 2016. Therefore, the Defendants’ defense is without merit by itself.

[In full view of the overall purport of the arguments as seen earlier, Cheongju District Court D, E, and F (Joint) with respect to the real estate owned by Defendant A, the primary debtor, in the distribution procedure of the real estate auction case conducted in duplicate.

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