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(영문) 서울중앙지방법원 2019.06.07 2019가단5072034
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 166,257,233 and KRW 163,693,919 among them.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) The Plaintiff loaned the Defendant Company B (hereinafter “Defendant Company”), ① on April 13, 2017, KRW 83 million to Defendant Company B (hereinafter “Defendant Company”), interest rate of KRW 8.9% per annum, interest rate of 48 months, interest rate of 25% per annum, and ② on December 6, 2017, KRW 145 million per annum, and KRW 8.9% per annum, interest rate of 48 months, interest rate of 8.9% per annum, and overdue interest rate of KRW 25% per annum. Defendant C guaranteed the Defendant Company’s loan obligations.

(2) The Defendant Company did not perform its obligation to repay the principal and interest of each of the above loans from February 2019, and the sum of the principal and interest of each of the above loans, including KRW 163,693,919, as of March 4, 2019, is KRW 166,257,233.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 6-2, the purport of the whole pleadings

B. According to the above facts of recognition, Defendant Company is the principal debtor, and Defendant C is jointly and severally liable to pay each principal and interest and delay damages to the Plaintiff as joint and several surety.

2. In conclusion, the Defendants are jointly and severally liable to pay to the Plaintiff a total of KRW 166,257,233 of the above principal and interest of KRW 163,693,919, the total of principal and interest of KRW 163,693,919, interest rate for delay calculated at the rate of 25% per annum from March 5, 2019 to the date of full payment. Thus, the Plaintiff’s claim against the Defendants is justified.

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