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(영문) 서울중앙지방법원 2019.09.24 2018가단5248681
대여금
Text

1.(a)

The Defendants jointly and severally against the Plaintiff KRW 81,442,138 and KRW 73,97,296 among them, Defendant A corporation.

Reasons

1. The amount of loans extended from the date of loan No. 50,000 on September 29, 2014 on the guarantee limit (won) for the date of joint and several guarantee, as of March 29, 2017, 200, 90,600,000 on March 29, 2017; 60,000 on April 26, 2017, 200 on April 26, 2017; Amended by Act No. 60,000,000 on April 350, 200, 350,000 on January 6, 2015; Act No. 1426, Apr. 26, 2017; Act No. 600,00,0000

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) received loans from the Plaintiff at a rate of 11% for delay damages on three occasions as listed below (hereinafter “instant loans”); Defendant B jointly and severally guaranteed the Defendant Company’s obligation to pay the above loans to the Plaintiff as listed below (hereinafter “joint and several sureties”).

B. The Defendant Company lost the benefit of time due to the delinquency in paying the principal and interest of this case.

On September 29, 2014, 197, 296, 7,444, 842, 81,442,138 on September 31, 2014, 36,00,000, 600, 608, 87439,608, 874 37,00,000,0033,904, 904, 904, 3704, 990, 904, 904, 990

C. The principal and interest of this case remaining as of September 3, 2018 are as listed below:

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers, if any) and the purport of the whole pleading

2. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally calculated with the Plaintiff at the rate of KRW 81,442,138 of the principal and interest of KRW 73,97,296 of the principal from September 4, 2018 to July 10, 2019, the delivery date of the original copy of the instant payment order, 11% per annum, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Promotion Act”) from the next day to the date of full payment; Defendant B calculated at the rate of KRW 11% per annum from September 4, 2018 to September 28, 2018, the delivery date of the original copy of the instant payment order until September 31, 2019, the statutory interest rate of KRW 31,97(1), the main sentence of Article 27(1), the main sentence of Article 37(2), and the main sentence of Article 27(3)9(1)2) of the former Act.

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