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(영문) 부산지방법원 2017.02.15 2016가합3389

대여금

Text

1. The defendant shall pay to the plaintiff KRW 1,665,125,00 among the costs and KRW 1,650,000 among the costs, from August 31, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 15, 2014, the Plaintiff agreed to lend KRW 1.7 billion (hereinafter “instant loan”) with the permission of the court from the Defendant (hereinafter “Defendant”) who was undergoing the rehabilitation procedure on December 15, 2014 (hereinafter “the rehabilitation administrator before and after the rehabilitation procedure or between the Defendant and the Defendant’s rehabilitation administrator, and agreed as follows:

Article 2 of the Money Loan Agreement (Evidence 3, hereinafter referred to as the "Agreement of this case") shall be due on June 30, 2015.

(Provided, That if necessary, the interest shall be paid at the rate of 5.5% per annum and on a daily basis by the date of each month.

(2) When delaying the repayment of principal and interest, a defendant shall make a payment in addition to the delayed payment in accordance with the standards for overdue interest rate.

Article 5 In any of the following cases, the Defendant shall naturally lose the benefit of time without notification, peremptory notice, etc. from the Plaintiff, and shall not immediately repay the entire obligation:

① When the payment of interest in this case was delayed for at least two months, ② when compulsory execution, execution preservation disposition is made due to other debts, or when bankruptcy or auction is applied, the Plaintiff and the Defendant agree to comply with the following matters in preparing a monetary loan agreement (Evidence A 4; hereinafter “instant management agreement”) and a monetary loan agreement, and if one of the following is not in compliance with, they do not raise any objection in the unilateral termination of a monetary loan agreement:

Paragraph 1: The defendant shall set the equity ratio of the plaintiff (including a specially related person) within five months after the completion of rehabilitation procedures to 51%.

Paragraph 2: C, the representative director of the plaintiff, shall be registered as a registration director.

Paragraph 6: It shall be borrowed by providing a security for real estate (all land, buildings and equipment at solar power plants) within five months after the completion of the defendant's rehabilitation procedure, and the amount shall be KRW 1.7 billion.