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(영문) 서울중앙지방법원 2017.05.29 2016가단139887
대여금 등
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 79,564,369, and KRW 53,336,325, respectively, from July 3, 2015.

Reasons

On May 31, 2012, the Bankrupt Savings Bank Co., Ltd. (hereinafter referred to as the "Bankruptcy Obligor") borrowed KRW 75,000,000 at the interest rate of 21.9% per annum and 24% per annum on the overdue interest rate of the Defendant A Co., Ltd. (hereinafter referred to as the "Defendant Co., Ltd."), but if the overdue interest period is more than three months, 1% per annum on the first overdue interest rate, the overdue interest rate was determined to be added to the overdue interest rate, and the payment order against Defendant C and D was finalized.

The above loan obligations of the Defendant Company shall be jointly and severally guaranteed, and the maximum amount of the guaranteed loan shall be 130% of the loan amount; the Defendant Company lost the benefit of time due to delinquency in the performance of the above loan obligations; and the principal amount of the above loan until July 2, 2015 was 53,336,325 won, overdue interest, and delay damages until July 2, 2015 can be acknowledged by taking into account the following facts: there is no dispute between the parties; or there is no dispute between the parties; or the purport of the entire argument in the statement in the evidence A

Therefore, the Defendants jointly and severally paid to the Plaintiff the principal amounting to KRW 79,564,369 (i.e., overdue interest of KRW 53,36,325 and overdue interest of KRW 26,228,04) and damages for delay calculated at the rate of KRW 53,36,325 (i.e., the agreed interest rate of KRW 25% from July 3, 2015 to the date of full payment), and Defendant C is liable to pay within the limit of KRW 97,50,000 (=75,00,000 + KRW 130%).

Therefore, the plaintiff's claim against the defendants is justified and all of them are accepted, and it is so decided as per Disposition.

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