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(영문) 서울중앙지방법원 2018.11.09 2017가합563262

대여금

Text

1. As to KRW 3,059,653,771 among the Plaintiff and KRW 1,350,00,000, the Defendant shall pay to the Plaintiff KRW 3,059,653,771 from July 1, 2017 to November 9, 2018.

Reasons

1. Basic facts

A. The Plaintiff (formerly: C corporation, D corporation) is a company whose business purpose is hospital comprehensive management business, medical service agency business, hospital manager, and medical consulting business, etc., and the Defendant is a non-profit public medical institution for the purpose of establishing and operating medical institutions and providing guidance on medical treatment and health for local residents.

B. On April 30, 2013, the Plaintiff lent KRW 6.9% per annum to the Defendant as interest rate of KRW 300,000,000, and KRW 6.9% per annum as of April 30, 2014. On May 15, 2013, the Plaintiff lent KRW 200,000 per annum as of May 15, 2013, with the interest rate of KRW 6.9% per annum as of May 15, 2014; on July 25, 2014, the Plaintiff lent KRW 6.9% per annum as of July 24, 2015; on June 25, 2014, the Plaintiff loaned KRW 00,000 per annum as of June 9, 200,000 per annum as of July 24, 2015; and on May 201, 2015, respectively.

(hereinafter “each of the instant monetary loan agreements”). The terms relevant to this case in each of the said monetary loan agreements are as follows:

Article 3 [Loss of Benefit of Time]

1.B (Defendants in this case) shall naturally lose the benefit of time, and shall repay the principal in lump sum and interest up to the month in which the principal is to be paid:

1) In the case where Gap is deemed to have difficulty in normal repayment because Eul is unable to perform its obligations due to attachment, provisional attachment, provisional injunction or request for auction or declaration of bankruptcy from a third party

2. The overdue interest rate shall be paid from the date of loss of the term referred to in paragraph (1) to the date of redemption.

3. In the case of paragraph 1(2), A shall request an explanation by sending a written notification specifying the relevant case, and shall notify in writing a written notification of the performance by designating the date of performance with no answer or insufficient response, and shall be subject to the notified date of performance.