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(영문) 서울중앙지방법원 2016.11.04 2015가단5342230
대여금
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd., the amount of KRW 447,519,57 and KRW 100,000,000 among them, the amount of KRW 447,519,557 shall be from October 12, 2015.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.

3. According to the reasoning of the written claim for partial dismissal, the Plaintiff first claims interest of KRW 100,00,000 on the remainder of KRW 347,519,557 and KRW 100,000,00,000, which is the aggregate of the damages for delay incurred until October 11, 2015 and the remaining principal amount (= KRW 347,519,557 + KRW 100,000,000) and the remainder of the above loans, and the Plaintiff claims interest of KRW 100,00,00,000,00 for the remainder of the loan. As such, the Plaintiff claims interest of KRW 100,00,00,00 for the remainder of the loan [the table]

1. 43,315,429 won with respect to loans, and the sequences in the same Table [Attachment];

2. 47,160,145 won for loans, and the sequences in the same Table [Attachment];

3. Loans shall be divided in proportion to KRW 9,524,426.

However, comprehensively taking account of the overall purport of the arguments in the statements Nos. 1-2, 3, 2-2, and 3-3, Defendant B shall set the same [Attachment] [Attachment].

1. Does

2. Defendant A Co., Ltd. has guaranteed only the loan, and Defendant C has guaranteed the same [Attachment].

1. It is acknowledged that Defendant A corporation guaranteed only the loan, and according to the above facts of recognition, Defendant B is the same [Attachment].

1. Does

2. 298,079,792 won (i.e., KRW 141,726,076 + 156,353,716 + 156,753,716) plus the remaining principal of each loan for which the Plaintiff seeks payment of damages for delay from October 12, 2015, the aggregate amount of damages for delay as to each loan (i.e., the table]

1. Does

2. 90,475,574 won (=43,315,429 won + 47,160,145 won + 38,55,366 won (=298,079,792 won + 90,475,574 won) plus 90,475,574 won out of the total amount of loans, and Defendant C is obligated to pay only to the Plaintiff for delay damages from October 12, 2015, and Defendant C is obligated to pay only to the Plaintiff for delay damages from October 12, 2015.

1. The order of the same [Attachment] among the loan principal and the remaining principal, for which the Plaintiff seeks the payment of damages for delay from October 12, 2015 in proportion to the damages for delay against the loan, 141,726,076 won.

1. Loan portion 43.

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