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(영문) 대구지방법원 경주지원 2018.07.06 2018가합2097
대여금
Text

1. The Plaintiff:

A. Defendant A and District Urban Development Project Cooperatives jointly and severally 500,000,000 won and the same.

Reasons

1. Basic facts

A. On September 22, 2015, the Plaintiff: (a) lent KRW 500 million to Defendant A Co., Ltd. on November 21, 2015, at the maturity of payment, KRW 4% per annum; and (b) Defendant B District Urban Development Project Cooperatives jointly and severally guaranteed the Defendant A’s obligation to borrow money.

B. On March 11, 2016, the Plaintiff leased KRW 450 million to Defendant A Co., Ltd. at the maturity of KRW 100 million on September 10, 2016, interest rate of KRW 7% per annum, and delay damages rate of KRW 19% per annum. Defendant C set the guarantee limit amount to the Plaintiff of the Defendant Co., Ltd. at KRW 585,00,000, and jointly and severally guaranteed the Defendant C’s obligation to the Plaintiff.

C. On June 27, 2016, the Plaintiff loaned KRW 250 million to Defendant A Co., Ltd. at the due date for reimbursement of KRW 250 million and KRW 60,000 per annum on December 27, 2016.

[Ground of recognition] Defendant A and C: The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination, the Defendants are obligated to pay the following loans to the Plaintiff.

With respect to loans as of September 22, 2015, Defendant A and Defendant B District Urban Development Project Cooperatives jointly and severally have the obligation to pay to the Plaintiff 50 million won and interest calculated at the rate of 4% per annum from September 22, 2015 to November 21, 2015, the due date for payment, and damages for delay calculated at the rate of 6% per annum under the Commercial Act until February 26, 2018, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from September 22, 2015 to November 22, 2015.

B. With respect to loans made on March 11, 2016, Defendant A Co., Ltd.: (a) the interest calculated annually from March 11, 2016 to September 10, 2016, on the amount of KRW 450 million to the Plaintiff; (b) the interest calculated at the rate of 7% per annum from March 11, 2016 to September 11, 2016.

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