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(영문) 서울남부지방법원 2017.04.04 2016가단222860
대여금
Text

1. The Plaintiff:

A. Defendant A, B, and C are jointly and severally 1,079,340 won;

B. Defendant A, B, and D Co., Ltd.

Reasons

1. Facts of recognition;

A. On April 22, 2011, the Plaintiff: (a) lent KRW 47.5 million to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”); (b) KRW 25 million on June 27, 201; and (c) KRW 51.9 million on March 5, 2012 to each of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”); and (d) leased KRW 18% on a yearly interest rate of delay.

(hereinafter referred to as "loans 1, 2, 3) in order of the date of loan. (b)

Defendant Company A.

At the time of borrowing the money stated in paragraph (1), when the repayment of the loan and interest is overdue for not less than 30 days, the Plaintiff agreed to lose the benefit of all the obligations owed to the Plaintiff and immediately repay the obligations, even if not notified and notified.

C. Defendant B, C, and Defendant B, and D respectively jointly and severally guaranteed the debt of the first and third loans, and the debt of the second loans.

However, the defendant B guaranteed the debt of the third loan within the limit of KRW 6,2280,00.

C. On May 4, 2012, the Defendant Company lost the benefit of each of the above loans on May 4, 2012 due to the overdue repayment of the interest on the third loan for at least 30 days, and the principal balance on the same day (the remainder remaining after offsetting the principal and interest on the mutual aid installments of the Defendant Company against the Plaintiff) as of the same day is KRW 1,079,340, 2040, 2040, 300,000,000 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 to 4, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the defendant company, B, and C are jointly and severally liable, and the defendant company, B, and C are jointly and severally liable to pay damages for delay calculated at the rate of 15% per annum as requested by the plaintiff within the limit of KRW 6,228,00,000 per annum for the principal of the principal of the first loan and KRW 5,190,000 per annum for the third loan and KRW 20,440,000 per annum for the principal of the second loan and each of the above amounts from May 5, 2012 to the date of full payment.

The plaintiff sought full payment of the principal and interest of the third loan debt against the defendant B, but the defendant.

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