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(영문) 광주지방법원 2020.08.13 2016가단515983

대여금

Text

Defendant B, D, E, F, G, H, I, and J are jointly and severally liable to the Plaintiff;

A. Defendant B Co., Ltd. shall be KRW 5,074,265,374.

Reasons

Facts of recognition

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) as the parties concerned was the executor of the business of constructing and selling multi-family housing (hereinafter “instant Mdong business”) and the Defendant C Co., Ltd. (hereinafter “Defendant C”) constructed and selling multi-family housing (hereinafter “instant Mdong”) in the Seo-gu, Seo-gu, Gwangju (hereinafter “instant site”) on the land of 13,71 square meters (hereinafter “instant Mdong”) and the executor of the business of constructing and selling multi-family housing (hereinafter “instant Odong business”), and P Co., Ltd. (hereinafter “P”) was the commencement of the instant Mdong and Odong business.

B. Defendant B’s loan to Defendant B and joint and several sureties D’s loan 1) to raise the project cost of the instant Mdong project between the Plaintiff and nine QB banks, including the Plaintiff, in April 2007, to borrow the funds within the scope not exceeding KRW 23 billion, including KRW 3.5 billion from the Plaintiff, etc., including KRW 3.5 billion from the Plaintiff on April 2007.

) After concluding a loan agreement with the Plaintiff on April 27, 2007, the amount of credit extended between the Plaintiff and the Plaintiff on April 27, 2007 is KRW 3.5 billion, the expiration date of the credit period is October 27, 2007, the interest rate is 10% per annum, the interest rate is 24% per annum, and the interest rate for delay is 24% per annum (hereinafter “the first loan agreement”).

(2) On June 30, 2009, the interest rate under the First Loan Agreement was changed to 12% per annum, 24% per annum, and the expiration date of the extension period was changed to December 31, 201.

3) On June 30, 2009, P guaranteed Defendant B’s debt owed to the Plaintiff, and C and Defendant D, E, F, G, and H jointly guaranteed the above loan within the limit of KRW 4.550 million. C. Defendant C and Defendant F’s joint and several liability 1) intend to borrow funds within the limit of KRW 14.5 billion from the Plaintiff, etc. on December 2007, to raise funds for the project cost of the instant OE business.