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(영문) 수원지방법원평택지원 2019.07.11 2018가합11635
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 2,840,519,449 as well as the interest rate from August 14, 2018 to the day of complete payment.

Reasons

1. Claim against Defendant B (hereinafter “B”) and C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant D

A. The Plaintiff loaned money to Defendant B, and Defendant D claimed that Defendant D, a joint and several surety, is liable for joint and several liability. As such, comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1, 200,000 as to March 13, 2018, the Plaintiff loaned money to Defendant B on August 13, 2018; the weighted average interest rate; interest rate; interest rate; interest rate; interest rate; interest rate; interest rate; and interest rate; and interest rate (hereinafter “the instant loan agreement”); and the fact that Defendant D guaranteed the Plaintiff’s loan agreement as to the instant loan agreement.

Therefore, Defendant D is jointly and severally liable with Defendant B to pay to the Plaintiff KRW 2,840,519,449 ( principal KRW 2,800,000,000 to August 13, 2018, Defendant D does not dispute the amount of interest calculated on the amount of interest calculated.) and to pay damages for delay calculated at the rate of 15% per annum, which is the agreement, from March 13, 2018 to August 14, 2018, the following day after the due date for payment, to the day of full payment.

B. Defendant D asserts that the real estate sales contract for E and 18 parcels, which is the subject of the instant rental agreement, and the F/L sales contract for the F/L for Co., Ltd., is valid at present, and is not a default on Defendant B’s obligations. As the Plaintiff failed to perform its obligations under the real estate sales contract, it is attributable to the Plaintiff, and thus, it

However, in the instant lending agreement, the repayment of the loan by the due date (as of August 13, 2018) and the payment of damages for delay is made if the loan is not made by the due date, and the calculation of the loan where a real estate sales contract and a stock sales contract are terminated is separate from Article 5.

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