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(영문) 서울남부지방법원 2016.11.04 2016가단231642
대여금
Text

1. The Defendants jointly and severally (Provided, That Defendant B is up to the limit of KRW 160,800,000) with the Plaintiff KRW 142,222,410.

Reasons

1. Facts of recognition;

A. On December 23, 2014, the Plaintiff loaned 134 million won to Defendant A Co., Ltd. (hereinafter “Defendant Company”) at the interest rate of 11.9% per annum, 25% per annum of overdue interest rate, and 60 months of the repayment method.

B. Defendant B jointly and severally guaranteed the Defendant Company’s above loan obligation at the maximum of KRW 160,80,000,000,000.

C. As the Defendant Company did not pay the principal and interest, the interest on the said loan was lost on January 4, 2016, and as of June 22, 2016, the said loan remains in KRW 122,135,592, interest 4,739,127, interest 1,959,754, interest 13,387,937.

[Reasons for Recognition] against Defendant Company: Each entry in Gap evidence Nos. 1 through 5, as a whole, as to Defendant B’s purport of the entire pleadings: deemed as confession

2. According to the above facts, the defendants are jointly and severally liable (However, within the extent of KRW 160,00,000,000 which is the limit of guarantee) to pay to the plaintiff 142,2222,410 won in total and the principal amount of KRW 122,135,592 in total, and damages for delay calculated at the rate of 25% per annum, which is the agreed interest rate from February 23, 2016 to the date of full payment.

3. If so, the plaintiff's claim against the defendants of this case against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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