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(영문) 부산지방법원 2018.10.11 2017가단330999

대여금

Text

1. Defendant A’s interest rate of KRW 88,181,618 and KRW 87,33,340 among the Plaintiff shall be from September 27, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. Loan relationship between the Plaintiff and Defendant A

(1) The Plaintiff concluded a credit transaction agreement with Defendant A as listed below and loaned money to Defendant A.

(hereinafter referred to as "each of the loans in this case"). (Unit: hereinafter the same shall apply) The credit extended (limit) on the agreed date of the lending of the lending (unit: hereinafter the same shall apply) as of September 30, 2016, the interest rate of 1.69% at the base rate of 1.69% on September 30, 2017, 201, and the rate of 3.21% on September 29, 201, 201, set at 3.21% on September 29, 201, 200, 3.21% on three enterprise ordinary working capital loans at the base rate of 3.21% on October 30, 2016. < Amended by Presidential Decree No. 27814, Oct. 30, 2019; Presidential Decree No. 17900, Feb. 64, 2000>

d. Defendant A: (a) on September 30, 2017, the sequenced by the Defendant A.

1. An order of priority 2.

3. The interest on each of the loans described above was lost due to the delinquency of payment.

Consolidated. As of September 27, 2017, each of the loans of this case as of September 27, 2017 is listed in the following table:

The loan section 120,00,000 416,515 549 120,417,066,670 307,5437,5437,820,982,03 21,666,66, 670 12,393,51221,782,52,521 combined 183,340,340,11,884,181,6186188,6188 of the loan for ordinary working loan of 3rd companies, the interest rate of interest rate of which is the overdue loan of 120,00,000,000 120,333,340,340,39711,884,181,61,618

m. Serial

1. Where the Plaintiff deducts the amount of the loan that the Plaintiff received by subrogation from the Korea Credit Guarantee Fund, the Defendant A’s obligation to pay the principal and interest of the loan to the Plaintiff as of September 27, 2017 is KRW 88,181,618 (which principal of the loan is KRW 87,33,340) and the agreed delay damages are 15% per annum.

B. Conclusion of a mortgage contract and a sales contract

(1) Each of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) is owned by Defendant A. Defendant A entered into a mortgage agreement with Defendant B on May 12, 2017 with the maximum debt amount of KRW 420,000,000, and Defendant A with Defendant A (hereinafter “instant mortgage agreement”) on May 12, 2017, and the Ulsan District Court Yangsan District Court Yangsan Branch Office received on May 19, 2019 as Defendant B’s name.