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(영문) 의정부지방법원 2019.08.14 2018가합58783

보증채무금

Text

1. The Defendant shall pay to the Plaintiff KRW 420,133,708 and the interest rate of KRW 27.9% per annum from June 15, 2019 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that registers credit business and engages in credit business in Gangnam-gu C pursuant to the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”).

B. On December 18, 2017, the Plaintiff entered into a loan transaction agreement with D Co., Ltd. (hereinafter “D”) with a loan amount of KRW 750,000,000 (hereinafter “instant loan”), an interest rate of KRW 24% per annum, an overdue interest rate of KRW 27.9%, and the Defendant jointly and severally guaranteed the obligation of D.

(hereinafter “instant loan agreement”). The main contents of the instant loan agreement are as follows.

Application of Loan Transaction Standard Terms and Conditions

1. Loan amount of loan under a debtor's contract: The expiration date of the loan period of KRW 750,000: June 14, 2018: 24% per annum (24%) overdue interest rate of KRW 27.9% per annum (2.325% per annum);

2. The guaranteed amount which is a joint and several surety: 1,125,000,000 won;

4. Assignment of claims and a letter of delegation D, power of attorney D, Defendant, without objection to the Plaintiff’s transfer or offer of rights to the instant loan agreement, shall delegate the Plaintiff’s authority to accept the transfer of claims and offer of security on behalf of D and Defendant. Article 12 (Loss of Benefit of Time) of the Standard Terms and Conditions for Loan Transactions (2) shall lose the benefit of time in the event of a debtor’s occurrence of the

Provided, That the obligee shall notify the obligor of the fact that the obligor is delayed in the performance of the obligation falling under any of the following subparagraphs and the benefit of time is lost by no later than seven business days prior to the date when the deadline is lost, and the obligor shall lose the benefit of time at the expiration of seven business days from the date when the notice is delivered:

1. When interest is delayed for two months from the time when interest is to be paid;

C. On December 15, 2017, the Plaintiff is not more than 'real estate listed in the E-owned list with respect to the instant loan agreement.'