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(영문) 수원지방법원여주지원 2014.06.26 2014가단30881
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and 25% per annum from March 13, 2012 to the date of full payment.

Reasons

1. Basic facts

A. On July 8, 2011, the Plaintiff entered into a credit transaction agreement with Defendant A, setting the credit limit at KRW 4.3 billion, the credit limit at KRW 3.3 billion, the credit date at KRW 3.24 million, the credit expiration date at July 8, 2011, and on July 8, 2012, the credit expiration date at KRW 8.8% per annum, the interest rate at KRW 2.5% per annum, and the interest rate at KRW 3.32.4 million per annum to Defendant A (hereinafter “the principal and interest of the instant obligation”), and Defendant B jointly and severally guaranteed Defendant A’s obligation to the Plaintiff on July 8, 2012 by setting the guarantee limit at KRW 4.32.1.2 billion against the Plaintiff.

B. After that, Defendant A failed to pay the principal amount of KRW 3,235,392,200 with respect to the principal and interest of the instant obligation against the Plaintiff, and the interest payment obligation after March 13, 2012.

C. Meanwhile, on November 14, 2013, the Plaintiff received KRW 648,196,058 out of the principal and interest of the instant debt in the Suwon District Court Da real estate auction case, and KRW 298,606,315 out of the principal and interest of the instant debt in the Suwon District Court D real estate auction case on December 9, 2013, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5-45 and 6-12, the purport of the whole pleadings

2. According to the aforementioned determination, as the Defendants jointly and severally sought from the Plaintiff, the Defendants shall pay to the Plaintiff the amount of KRW 100 million for partial principal or partial joint and several surety payment of the principal and interest of the instant debt, and damages for delay calculated at the rate of 25% per annum, which is the rate of delay damages from March 13, 2012 to the date of full payment. Defendant B is liable to pay within the limit of KRW 4.32 billion.21.2 billion.

3. In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition by the assent of all.

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