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(영문) 부산지방법원 2017.11.14 2017가단22595
대여금
Text

1. The Defendants jointly committed against the Plaintiff KRW 200,000,000 and KRW 150,000 among them, from June 16, 2016 to 50.

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the arguments in the statements in Gap evidence 1 and 2, the Plaintiff loaned KRW 150,000,000 to the defendant A Co., Ltd. (hereinafter referred to as "Defendant A") on June 16, 2016 at an annual rate of 24%, and at an annual rate of 15%; Defendant B guaranteed the Plaintiff's joint and several obligations for the above loan to the Plaintiff on the same day; and ② the Plaintiff loaned KRW 50,000,000 to the Defendant A on August 9, 2016 at an annual rate of 24%; and on the same day, the fact that Defendant B guaranteed all the above loan obligations to the Plaintiff on the same day.

B. According to the above facts, Defendant A is the principal debtor, and Defendant B is jointly and severally liable to pay the Plaintiff the interest or delay damages calculated at the rate of 24% per annum from June 16, 2016 to the date of full payment of the loan amounting to 150,000,000 won (i.e., 150,000,000 won) and the loan amounting to 150,000,000 won (i.e., 150,000 won) and the loan amounting to 50,000,000 won from August 9, 2016 to the date of full payment of each contract delay damages.

(1) In order to secure the above loan obligation, the Defendant asserts that the lawsuit of this case is unfair since the right to collateral security has been established in the future of the Plaintiff, and the present auction procedure is in progress. The Plaintiff’s lawsuit of this case was not distributed in the future of the Plaintiff as of the date of closing argument of this case, and it cannot be deemed unfair that the mortgagee of the right to collateral security has filed a lawsuit against the debtor separately. Thus, the Defendants’ claim against the Defendants is without merit, and it is so decided as per Disposition by the assent of all.

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