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(영문) 서울중앙지방법원 2018.05.30 2017가단5038931

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,00,000 and KRW 995,094,149 among them. < Amended by Act No. 14063, Dec. 30, 2016>

Reasons

Basic Facts

The plaintiff is a corporation that runs a credit specialized business prescribed by the Specialized Credit Financial Business Act, and the defendant A (hereinafter referred to as the "defendant") is a corporation that runs a livestock products distribution business, and the defendant B is the representative of the defendant company.

On March 2, 2016, the Plaintiff provided livestock products stored by the Defendant Company as collateral for transfer to the Defendant Company. The Plaintiff entered into a credit transaction agreement between the Plaintiff and the Defendant Company, setting the credit limit amount of KRW 2,000,000,000 per annum, delay compensation rate of KRW 25% per annum, and the maturity period of payment as three months from the date of the execution of individual loan (hereinafter “instant agreement”), and the Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the instant agreement.

Pursuant to the instant agreement, the Plaintiff implemented each of the loans of KRW 1,937,00,000 in total, including KRW 394,000,000 on August 29, 2016; KRW 124,000,000 on September 19, 2016; KRW 478,000 on September 22, 2016; KRW 404,000,000 on October 19, 2016; KRW 183,00,000 on October 25, 2016; and KRW 354,000,000 on November 8, 2016; and KRW 1,937,000,000 on September 22, 2016.

(2) The Plaintiff did not pay the principal and interest of the instant loan by the due date for each of the instant loans, and the Plaintiff treated the loans after October 19, 2016 as the defined loss amount, and on December 29, 2016, the Plaintiff remains at the claim of KRW 1,814,12,09 (= KRW 996,00,000, 206,813,248, including the total amount of KRW 813,206,248, as of December 29, 2016, including the fixed loss amount, KRW 96,00,00,000 (= KRW 996,00,00,000).

[Grounds for recognition] There is no dispute. According to the above facts, Gap evidence Nos. 1 through 9 (including a branch number; hereinafter the same shall apply) and the plaintiff's obligation to return a judgment loan to claim the purport of the entire pleadings, the defendants are jointly and severally 1,00,000,000 won (=95,094,149, 905,851 won, including the loan principal, 4,905,851 won among the loan due to each of the loans of this case, and the principal amount.