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(영문) 서울중앙지방법원 2017.04.12 2016가단156974
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 768,360,569 as well as KRW 400,445,243 as from June 13, 2016.

Reasons

1. The Plaintiff, on April 10, 2012, lent KRW 500 million at the interest rate of 14% per annum and 24% per annum on April 10, 2013 to Defendant A Co., Ltd., and at the time, Defendant B set the Defendant A’s obligation to pay the principal and interest of the Defendant Co., Ltd. as the guarantee limit of KRW 650 million. As of June 12, 2016, Defendant B guaranteed the said obligation to pay the principal and interest of the loan amount of KRW 40,45,243, interest rate of KRW 9,650,073, interest rate of KRW 358,168,728, late interest rate of KRW 96,525, and KRW 768,360,569, the said obligation to pay the principal and interest of the loan amount to the Defendants.

2. Applicable provisions;

(a) Defendant A: Judgment by constructive confession (Article 208 (3) 2 of the Civil Procedure Act);

(b) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

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