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(영문) 서울남부지방법원 2017.08.25 2017가합100339
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 304,500,000 won and 5% per annum from May 3, 2017 to August 25, 2017, and thereafter.

Reasons

1. Basic facts

A. The Plaintiff loaned Defendant B KRW 20 million on November 27, 2014, KRW 220 million on April 22, 2015, KRW 10 million on April 30, 2015, KRW 40 million on August 12, 2015, and KRW 230 million on August 12, 2015.

B. On January 28, 2016, Defendant C, E, and B agreed with the Plaintiff on the following terms (hereinafter “instant agreement”), and Defendant D jointly and severally guaranteed the obligations of the Plaintiff under the instant agreement against Defendant C, E, and B.

(hereinafter “instant joint and several sureties”) On January 27, 2016, the Plaintiff borrowed KRW 60 million from the Plaintiff to March 27, 2016 (hereinafter “instant loan”) until January 27, 2016, and Defendant B’s debt owed to the Plaintiff by March 27, 2016.

2. If the Plaintiff’s 60 million won was not repaid by March 27, 2016, and the Plaintiff’s 201 Ba (hereinafter “instant Ba”) was disposed of by the 201, Gwanak-gu Seoul Special Metropolitan City F201, which was owned by the Plaintiff, it shall compensate for the damages equivalent to the purchase amount of the Ba.

3.In the event of breach of this Agreement, fifty per cent of the total amount of debt shall be paid in addition to penalty.

On September 22, 2016, the decision to commence voluntary auction (Seoul Central District Court G) regarding the loan of this case was rendered, and the above voluntary auction procedure is in progress as of the date of closing argument of this case.

E. Meanwhile, the Defendants did not fully perform their obligations under the instant agreement to the Plaintiff.

[Based on the recognition] Defendant B: Defendant C and E under Article 208(3)2 of the Civil Procedure Act; Defendant D under Article 208(3)3 of the Civil Procedure Act (by service by public notice)

2. Determination as to the cause of action

A. According to the above facts, as the principal obligor or joint guarantor, the Defendants are KRW 60 million in loans of Defendant C and E to the Plaintiff, KRW 230 million in loans of Defendant B, KRW 145 million in penalty (= KRW 230 million in total) x 50 million in total. 435 million in total.

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