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(영문) 서울남부지방법원 2020.11.13 2020가합108685
대여금
Text

The Defendants jointly and severally against the Plaintiff KRW 224,038,481 and KRW 154,227,010 among them shall be the Defendant from April 24, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a loan transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and carried out each of the loans as follows:

(hereinafter) Loan obligations (hereinafter referred to as “loan obligations”) by the sequences set forth below. On the date of an agreement (date of loan) (date of the loan, interest rate of 150 million won on April 25, 2013 ( April 26, 2013), the interest rate of 12.25% per annum on April 25, 2018 (12.25% per annum from January 1, 2019 to September 12, 2013 ( September 13, 2013) shall be 10.23% per annum on September 13, 2013.

B. Defendant C and B jointly and severally guaranteed the debt of No. 1 on April 25, 2013 with the limit of KRW 180,000,000 for the collateral guarantee, and Defendant B jointly and severally guaranteed the debt of No. 2 with the limit of KRW 120,000 for the collateral guarantee.

C. The Defendant Company did not pay the principal and interest in arrears, and lost the benefit of time on December 14, 2015.

The principal and interest, etc. remaining as of April 24, 2020 on the debt of the first loan = 224,038,481 [the principal amount = 3,609,635 overdue interest of KRW 15,000,000] 69,811,471 substitute payment of KRW 617,375 with substitute payment of KRW 617,375 [the amount of substitute payment of KRW 635,108 - the amount of provisional seizure of KRW 17,733). The remainder of the principal and interest of the second loan of KRW 105,371,334 with interest of KRW 70,720 with interest of KRW 1,364,707 with interest of KRW 33,286,627 with interest of KRW 10,000 with interest of KRW 3270,00 with interest of KRW 150,000] The grounds for recognition]

2. According to the above facts of determination as to the cause of the claim, the defendant corporation, the joint and several surety, and the defendant Eul, the joint and several surety, shall jointly and severally pay the principal and interest 224,038,481 won remaining jointly and severally to the plaintiff and the principal, interest, substitute payment, and the total amount of KRW 154,227,010, which is the day following the date of final interest calculation, for the payment order of this case from April 24, 2020 to October 22, 2020 to which the duplicate of the application for the payment order of this case was served to the defendants, and the defendant C shall pay 6% per annum, the agreed interest rate of delay until May 22, 2020 to the defendants.

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