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(영문) 전주지방법원 남원지원 2017.03.29 2016가단1909
대여금
Text

1. The defendant shall be jointly and severally with limited liability company B, and the plaintiff.

(a) KRW 34,028,078 and its importance within the scope of KRW 39,000,000;

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Limited Company B (hereinafter “Nonindicted Company”)

(2) On March 4, 2011, the Defendant provided loans from the Defendant at the rate of KRW 30 million on March 4, 201; interest rate of KRW 8.1% per annum; interest rate of KRW 15% per annum; and rate of KRW 8% or 10% per annum; and on the same day, the Defendant provided joint and several sureties with the above loan obligations of Nonparty Company up to KRW 39 million; the principal and interest of the above loan obligations as of November 3, 2015 are KRW 34,028,078 (i.e., principal and interest rate of KRW 30,000,000; KRW 4,028,078); interest rate of KRW 200,000 per annum; interest rate of KRW 209,000 per annum; interest rate of KRW 19,000 per annum; and interest rate of KRW 301,000,000 per annum; and interest rate of KRW 97.281,03636.20.

3) On March 23, 2011, the non-party company entered into a credit card use contract with the Plaintiff and used the credit card from the Plaintiff around that time. On March 29, 2011, the Defendant jointly and severally guaranteed the credit card payment obligation of the non-party company up to KRW 10,40,000,000. On November 3, 2015, the principal and interest of the credit card payment obligation as of November 3, 2015 are KRW 6,011,304 in total (i.e., principal amount: KRW 4,798,820 in overdue interest and overdue interest and overdue interest rate of KRW 1,212,484 in arrears), and the rate of overdue interest currently applicable is 27% per annum. [Grounds for recognition] The fact that there is no dispute over the dispute, Party A’s evidence No. 1 through 4 (numbered each number

B. According to the above facts of recognition, the defendant is jointly and severally with the non-party company that is the principal debtor, unless there are special circumstances.

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