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(영문) 서울중앙지방법원 2019.05.17 2018가단5111734
대여금
Text

1. The Plaintiff:

A. Defendant B, as to KRW 245,826,682 and KRW 141,181,586 among them, shall begin on April 11, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit transaction agreement (hereinafter “each of the instant agreements”) with Defendant B Co., Ltd. (hereinafter “B”), as listed in the following table, and the network F (hereinafter “the network”) jointly and severally guaranteed a loan obligation (including interest, damages for delay, and other incidental obligations) that Defendant B owes to the Plaintiff at the time of entering into each of the instant agreements.

(C) On June 23, 201, 200, KRW 130,000 (12,000,000,000) on June 1, 201, 201, KRW 130,000 (126,00,000,000) on loans for general capital for business operation on August 1, 201, 3200 on loans for general capital of KRW 43,00,000 on June 1, 2013.

B. The Plaintiff implemented a loan in accordance with each of the instant agreements, and thereafter, Defendant B lost the benefit due to the overdue interest or the principal and interest of the loan. As of April 10, 2018, the amount of principal and interest of the loan obligations under each of the instant agreements by Defendant B as of April 10, 2018 is KRW 245,826,682 (i.e., principal of the loan (= KRW 141,181,586, interest and delay damages).

C. The overdue interest rate for corporate credit, such as each of the instant agreements, is 15% per annum from January 30, 2015 to the 15% per annum.

On the other hand, the deceased died on August 25, 2014, and his heir is his spouse G, the Defendant (the appointed party; hereinafter “Defendant”) and the appointed party E.

(The share of inheritance shall be 3/7 of the designated parties G, and the defendant and the selected parties E, respectively. (2/7).

The Defendant and the appointed parties reported to the Seoul Family Court 2014-Ma10503 to approve the inheritance limit, and the above court rendered a judgment on December 11, 2014 to accept the inheritance limit approval report.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of determination, Defendant B, the principal obligor, and the principal obligor, as well as KRW 245,826,682 based on each of the instant agreements.

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