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(영문) 서울중앙지방법원 2016.01.20 2014가합28621

대여금 등

Text

1. The Plaintiff:

A. In regard to Defendant 1,039,067,264 won and 754,045,098 won among them, Defendant 1,039,067,264 won.

Reasons

1. Basic facts

A. On November 19, 2010, the Plaintiff entered into the electronic settlement agreement of this case and the Defendant A’s joint and several sureties 1) omitted the “stock company” from the trade name of the non-party Mine Construction Co., Ltd. (hereinafter “Co.”).

(2) The term “electronic settlement use agreement” (hereinafter “electronic settlement agreement of this case”) signed on June 7, 201 with the loan limit of KRW 10,000,000,000, the contract period as of November 19, 201, each of the following terms: (a) Nonparty Pung Forest Industry and the loan limit of KRW 35,00,000,000,000, and the contract period as of December 28, 2012: < Amended by Presidential Decree No. 23283, Dec. 28, 2012>

(2) The electronic settlement agreement of this case was concluded. (2) If the remaining or winding industry, which is a purchasing enterprise, issues the “electronic sales bond” to obtain goods or services from the selling enterprise and settle the price, and notifies the Plaintiff of the detailed statement of the credit sales bond and deposits the amount equivalent to the credit sales bond within the payment date specified in the detailed statement, the Plaintiff is agreed to settle the credit sales bond by depositing the said money in the account of the selling enterprise on the settlement date designated by the purchasing enterprise or repaying the loan.

3) Defendant A jointly and severally guaranteed an obligation under the instant electronic settlement agreement against the Plaintiff of the Non-Party Pung Forest Industry within the limit of KRW 45,500,000,000, pursuant to the amount of limited collateral guarantee (hereinafter “instant joint and several guarantee agreement”).

B) B. (1) A sales company that acquired credit sales claims under the instant electronic settlement agreement may file an application with the Plaintiff for a loan by collateraling the credit sales claims prior to the settlement date designated by a purchasing enterprise. In such a case, the Plaintiff renders the loan to the Plaintiff, within the limit of the amount of the loan limit stipulated in the electronic settlement agreement of this case, the Plaintiff renders the loan to the Plaintiff, and in such a case, the overdue interest rate applied after December 28, 201 to the loan is 18% per annum.

2 If a selling company files an application for a secured loan, the credit sales claim shall be paid to the Plaintiff.