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Reasons
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(영문) 서울중앙지방법원 2015.06.23 2015가단42450
대여금 등
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1. The Defendants jointly and severally pay to the Plaintiff KRW 154,361,803 and KRW 81,878,391 among them.

Reasons

1. Claims against the defendant A and B

A. On June 12, 2008, the Plaintiff entered into a credit transaction agreement with D on June 21, 2009, setting the credit limit of KRW 100,000,000, and June 21, 2009, and agreed to pay damages for delay pursuant to the Plaintiff’s delayed compensation rate (from December 30, 201 to December 30, 201, the rate of delay damage determined by the Plaintiff is 17% per annum.

(2) Defendant A and B entered into a comprehensive collateral guarantee agreement between the Plaintiff and the Plaintiff on the same day with respect to the credit transaction agreement of KRW 130,000,000.

3) D Co., Ltd. lost the benefit of time due to the failure to repay the loan under the credit transaction contract under the above Paragraph (1). As of October 30, 2014, KRW 81,878,391, the outstanding principal was 72,483,412, totaling KRW 154,361,803, the outstanding principal was 72,412.

(b) Defendant A: Judgment on deemed confessions (Article 208 (3) 2 of the Civil Procedure Act) and rendered by public notice (Article 208 (3) 3 of the Civil Procedure Act): Defendant B;

2. Claim against Defendant C

A. According to the overall purport of evidence evidence Nos. 1 and 3, the Plaintiff entered into a credit transaction contract with D on June 12, 2008, setting the credit limit of KRW 100,000,000, and the expiration date of the credit period as of June 21, 2009. However, the Plaintiff entered into a credit transaction contract with D on June 21, 2009 (hereinafter “the credit transaction contract of this case”). ② The Defendant C entered into a comprehensive guarantee contract with the Plaintiff on the credit transaction agreement of KRW 130,00,000 as to the credit transaction agreement of this case as of the same day, and ③ D did not pay a loan under the credit transaction contract of this case, thereby losing the benefit of time, and as of October 30, 2014, the unpaid principal was not paid as at KRW 81,878,391,000,000, KRW 73134,281.384.16

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