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(영문) 광주지방법원 2016.09.02 2016나51497

양수금

Text

1. Of the judgment of the court of first instance, the part against the defendant (appointed party) that exceeds the amount ordered to be paid below.

Reasons

Basic Facts

A. A. B Company B’s loan and guarantee 1) Hyundai Switzerland Mutual Savings Bank (the trade name after the change: SB Savings Bank, the EB Savings Bank, and the following “ Savings Bank”:

(B) On February 22, 2008, B Co., Ltd. (hereinafter referred to as “Nonindicted Company”)

16 billion won was loaned to the non-party company to apply the "Basic Terms and Conditions for Credit Transactions of Mutual Savings Banks" to the above loan contract, and agreed on February 22, 2009 that interest shall be 10% per annum, and the interest rate shall be 24% per annum and the interest rate for delay shall be 24% per annum as stipulated in the above loan contract (the interest rate for delay applied at the time shall be 24% per annum).

2) On the same day, the Defendant and the designated parties agreed to each of the above terms and conditions to apply each of the above terms and conditions to the savings bank as joint and several liability for the loans to the savings bank of the non-party company.

(The defendant was the representative director of the non-party company). (b)

The repayment period of the above loan has been extended three times, and the repayment period of the loan has been set on March 22, 2011. The non-party company did not pay the principal of the loan and the interest accrued from February 22, 201 to March 21, 2011. (2) The non-party company, a joint guarantor of the above loan (hereinafter referred to as “C”) repaid the principal amount of the loan to the Savings Bank on May 4, 2011.

3) The Savings Bank, the non-party company, the non-party company, the C, and the defendant shall impose an overdue charge of the interest accrued on July 29, 201, as they are, KRW 2,293,383; the repayment period of the principal of the loan shall be extended on March 22, 2012; the interest rate shall be reduced by 8% per annum from March 22, 2011; the interest rate shall be reduced by 11% where the overdue interest rate is less than three months, 11.5% per annum where the overdue interest rate is less than three months but less than six months, and 12% per annum where the overdue interest rate is more than six months.