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(영문) 서울중앙지방법원 2018.08.14 2017가단5222828
대여금
Text

1. Defendant A and Defendant B are jointly and severally liable to the Plaintiff.

(a) for KRW 102,079,150 and for KRW 53,590,964 among them;

Reasons

1. Facts of recognition;

A. On April 5, 2011, the Plaintiff’s loan to Defendant A Co., Ltd. entered into a loan transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on a loan agreement with the lending of small and medium enterprises, the loan amount of KRW 125,00,000, the repayment date of KRW 125,000, the repayment date of KRW 25,014, the normal interest rate of March 25, 2014, “8.7% per annum on the yield of CD distribution for three months,” and the delayed payment rate of KRW 90,00,000 per annum at the time of delinquency (hereinafter “instant loan agreement”).

(2) The Defendant Company loaned KRW 125,00,00 to the Defendant Company. Defendant B prepared a collateral guarantee agreement with KRW 135,20,000 on the same day, and became a joint and several surety for the instant loan agreement of the Defendant Company. The principal and interest obligation arising from the instant loan amounting to KRW 102,079,150 (the total sum of KRW 53,590,964 and the total amount of KRW 48,48,186) as of November 8, 2017, the Defendant Company’s joint and several liability guarantee agreement with the Plaintiff (the maximum amount of KRW 36,00,00,000) was submitted to the Plaintiff under the name of the Plaintiff, and the Defendant Company’s credit card (the business card) was issued with KRW 135,20,000,000, and Defendant C’s total amount was 102,000,0000,0000,000 won,0000 won.

2. Quantities.

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