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(영문) 서울중앙지방법원 2016.07.20 2015가합563619
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 803,776,027 as well as the interest rate from July 1, 2012 to the day of full payment.

Reasons

1. Basic facts

A. On July 1, 2010, the Plaintiff lent KRW 2 billion to Nonparty C Co., Ltd. (hereinafter “C”).

On August 30, 2010, Defendant A provided a joint and several surety for KRW 1 billion out of the principal amount of the loan debt of Nonparty C with the loan principal of KRW 2 billion, and on the same day, Defendant A issued the deed of promissory notes with face value of KRW 1 billion to the Plaintiff.

B. On February 6, 2012, Defendant A agreed to pay 1 billion won and interest thereon (18% per annum) in 16 installments until June 30, 2013, out of Nonparty C’s debt borrowed, which was jointly and severally guaranteed by the Plaintiff as above, Defendant A guaranteed the payment of the said debt by Defendant A. At the time, Defendant B Co., Ltd (hereinafter “Defendant Company”) for which Defendant A was the representative director.

(C) The Defendant A’s debt repayment agreement and the Defendant Company’s debt payment guarantee agreement are combined.

The Defendants paid a total of KRW 217,066,438 to the Plaintiff from April 30, 2012 to October 31, 2012, and subsequently did not repay the said debt to the Plaintiff.

The principal amount to be paid by the Defendants remains 803,776,027 won (= partially KRW 53,776,027) on June 2012, 2012 ( KRW 750,000) after July 7, 2012).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendants alleged by the Plaintiff violated the debt repayment agreement of this case, and thus are obliged to pay the remaining principal and damages for delay.

B. The Defendants deemed as confessions do not dispute the facts alleged by the Plaintiff, and thus, they are deemed as confessions in accordance with Article 150(1) of the Civil Procedure Act.

Therefore, the Defendants jointly and severally agreed on KRW 803,776,027 and damages for delay calculated at the rate of 18% per annum as stipulated in the instant debt repayment agreement from July 1, 2012 to the date of full payment, as the Plaintiff seeks.

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