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(영문) 서울남부지방법원 2018.03.22 2017가단240698
대여금
Text

1. The Defendants are jointly and severally liable to pay KRW 38,235,679 and KRW 37,322,120 among them from June 20, 2017 to the date of full payment.

Reasons

On April 29, 2016, the Plaintiff entered into a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on the terms “4,00,000 won: (a) annually; (b) 8.9% per annum; (c) 25% per annum; and (d) repayment method and period: 60% per annum; and (b) borrowed KRW 44,00,000 to Defendant Co., Ltd.; and (b) Defendant B jointly guaranteed the Plaintiff’s loan obligations within the limit of KRW 57,20,000; (c) Defendant Company lost the benefit due to the Plaintiff’s failure to repay the loan from April 15, 2017; and (d) the remainder of the principal and interest as of June 19, 2017 is the principal and interest KRW 37,322,120,850,796, 627, and 6363% per annum; and (d) the Defendants so led pursuant to Article 150 of the Civil Procedure Act.

Therefore, the Defendants jointly and severally pay the principal and interest of remaining loans amounting to KRW 38,235,679 (i.e., KRW 37,322,120 interest rateing to KRW 850,796 interest rateing to KRW 62,763) and damages for delay calculated by an agreement of 25% per annum from June 20, 2017 to the date of full payment of the remaining principal amount as to KRW 37,322,120 as of the base date, and Defendant B is obligated to pay them within the limit of KRW 57,20,00,000, the guarantee limit.

Thus, the plaintiff's claim against the defendants is accepted on the grounds of all.

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