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(영문) 서울중앙지방법원 2019.12.17 2019가단5100823
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 213,079,452 and KRW 200,000 among them, from March 28, 2019 to October 20, 2019.

Reasons

1. Facts of recognition;

A. On April 20, 2018, the Plaintiff entered into a monetary loan agreement with Defendant B under Defendant C’s joint and several sureties (hereinafter “instant monetary loan agreement”) and lent KRW 200,000,000 to Defendant B on the same day.

Article 1 (Subject-Matter of Contract) The lender may lend the borrower such money to the lender, and the borrower shall borrow the money from the lender.

Section 2 (Performance) The borrower shall repay the money of Article 1 borrowed from the lender under the following terms:

1. The due date for the above loan shall be one year from the date on which the loan was received;

(from April 20 to April 19, 2019)

2.The above loans shall be repaid from six months to the expiration date.

3. The borrower shall arrange to repay the loan by remitting it to the bank account designated by the lender;

4. The borrower and the joint guarantor shall immediately notify the lender of the loan and shall preferentially repay the loan to the lender as soon as they are repaid.

Article 3 (Interest)

1.The interest on the above loan shall be seven percent (7%) per annum.

2. The borrower shall pay to the lender the interest specified in paragraph 1 every six months from the date of receipt of the loan.

Article 3 (Loss of Benefit of Time)

1. Where the borrower has delayed payment of interest on more than one occasion, if the borrower and the joint guarantor of Article 6 (Matters of Special Agreement) fail to repay the principal and interest by the due date, the borrower and the joint guarantor shall jointly and severally repay to the lender the principal and interest on registered common shares B [13,200 shares] and C [11,20 shares] owned by the borrower and the joint guarantor.

Joint and Several sureties: Defendant C

B. Defendant B was unable to pay interest on October 20, 2018, which was the first payment date, and lost the benefit of time due to the failure to pay the interest thereafter, and the amount of the principal and interest on the loan as of March 27, 2019 was totaled KRW 213,079,452 [= Principal = KRW 13,079,452 in total and interest and delay damages from April 21, 2018 to March 27, 2019 (=20,000,000 x annual 7% x 341.41.

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