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(영문) 대구지방법원 2020.01.30 2019가단148805
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 168,282,263 and KRW 9,1630,000,000 from November 1, 2019 to November 11, 2019.

Reasons

1. Facts of recognition;

A. On September 9, 2011, the Plaintiff loaned KRW 300 million to Defendant B Co., Ltd. (hereinafter “Defendant Company”) at the interest rate of KRW 6.74% per annum and on September 9, 2014.

(hereinafter “instant loan”). (b)

Defendant C guaranteed the principal and interest obligation of the instant loan.

C. The Defendant Company did not pay the instant loan obligations.

As of October 31, 2019, the principal and interest of the instant loan as of October 31, 2019, and damages for delay are KRW 168,752,263 in total (i) the principal and interest of KRW 9,1630,00, and KRW 7,900,217, and KRW 68,752,046 in total).

If the period of arrears exceeds six months pursuant to the agreement, the rate of delay damages shall be 19% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. Determination:

A. According to the facts established on the basis of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 168,752,263 of the principal and interest of the instant loan and KRW 9,1630,000,000,000,000 per annum 9.73% per annum for the Plaintiff at a rate below the agreed delay interest rate from November 1, 2019, on which the payment order in this case was served from November 1, 2019 to November 11, 2019, and damages for delay calculated by 12% per annum under the Act on Special Cases concerning

B. (1) The Plaintiff filed an application for payment order against the Defendants on October 31, 2019 (the Defendant’s implementation of the instant legal procedure). The date is five years after the due date of the instant loan payment period.

(2) However, according to the purport of the evidence No. 1 and the entire pleadings, the Plaintiff, while making the instant loan, obtained a collateral on the real estate owned by the Defendant Company as collateral, and the Plaintiff, on March 5, 2015, exercised the right by reporting the principal and interest of the instant loan in the voluntary auction procedure (this court D).

Accordingly, the principal and interest claim of this case.

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