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(영문) 서울중앙지방법원 2015.02.13 2014가단5117888
대여금
Text

1. The Plaintiff:

A. Defendants are jointly and severally liable to the extent of KRW 26,400,000, and KRW 31,405,177.

Reasons

1. The following facts do not conflict between the Parties:

On January 12, 2007, the Plaintiff entered into an agreement on credit card use with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Defendant B, the representative director of the Defendant Co., Ltd., jointly and severally guaranteed this agreement. ② on March 23, 2007, Defendant Co., Ltd. provided a small and medium enterprise loan of KRW 22 million to the Defendant Co., Ltd., and Defendant B and C provided a joint and several surety with the maximum limit of collateral guarantee amount of KRW 2640, respectively.

B. The Plaintiff and the Defendant Company agreed from January 1, 2013 to the end at the interest rate on delay, 11% per annum in the case of general loans and 27% per annum in the case of credit card payment.

C. As of May 2, 2014, Defendant Company lost a benefit due to failure to pay interest, and the outstanding principal and interest of a loan amounting to KRW 21,046,501 (i.e., principal amount of KRW 10,670,841 (i.e., KRW 10,375,660) as of May 1, 2014), and as of May 1, 2014, KRW 31,405,177 as of May 1, 2014 (i.e., balance of loans KRW 22,00,000,000).

2. According to the above facts, Defendant B and joint guarantor C, a primary debtor, with respect to general loans of small and medium enterprises, are jointly and severally liable to the Plaintiff. However, Defendant B and C are jointly and severally liable to pay damages for delay at the rate of 11% per annum under the agreement from May 1, 2014 to July 23, 2014, which is the last delivery date of the copy of the complaint of this case, with respect to credit card use charges, to KRW 21,046,501, which is the outstanding principal debtor, and KRW 10,670,841, which is the principal debtor and joint and several surety, within the limit of KRW 26,40,00,00,000,000, and KRW 222,000,000,000,000 from May 27, 2014.

3. The plaintiff's claim of this case is reasonable.

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