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(영문) 서울중앙지방법원 2015.09.18 2015가단59069
대여금등
Text

1. The Plaintiff:

A. Defendants are jointly and severally liable to pay KRW 37,435,676 and KRW 20 million among the Defendants.

Reasons

1. Determination as to the cause of claim

A. (1) On January 31, 2007, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) on a credit limit of KRW 35 million (the credit limit amount was increased to KRW 50 million on August 6, 2007), January 30, 2008 (finally extended on January 31, 2010) expiration date of the credit period (the expiration date of the credit period was extended to January 31, 2010), and loaned KRW 50 million to the Defendant Company.

Defendant B jointly and severally guaranteed the guarantee amount of the Defendant Company’s above loan obligations as KRW 73.5 million.

(2) On March 6, 2009, the Plaintiff entered into a credit transaction agreement with Defendant Company on the credit limit amounting to KRW 10 million, and KRW 17 percent per annum on March 6, 2010 on the expiration date of the credit period, and loaned KRW 10 million to Defendant Company.

Defendant B jointly and severally guaranteed the guarantee amount of the Defendant Company’s above loan obligations with the guarantee limit of KRW 13 million.

(3) As of January 19, 2015, Defendant Company has the obligation of KRW 37,435,676 (i) with respect to the obligation of loans under the said paragraph (1) (i) (i.e., principal amount of KRW 20 million and damages for delay KRW 17,435,676) and the obligation of KRW 18,658,067 with respect to the obligation of loans under the said paragraph (ii) (i.e., principal amount of KRW 10 million and damages for delay amount of KRW 8,658,067).

[Ground] Evidence Nos. 1 through 8 (including paper numbers), the purport of the whole pleadings

B. According to the facts of the above recognition, Defendant B as the principal debtor, and Defendant B as the principal debtor, and the Plaintiff with respect to the loans on January 31, 2007, the Defendants jointly and severally with respect to KRW 37,435,676 and the principal amount of KRW 20 million, shall be paid at 17% per annum under the agreement from January 20, 2015 to March 6, 2015, which is the delivery date of the complaint of this case, and at 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment; Defendant B shall be paid within the limit of KRW 7,350,000; and Defendant B shall be paid within the limit of KRW 18,658,067 and the principal amount of the loans on March 6, 2009.

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