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(영문) 서울중앙지방법원 2019.06.05 2018나40876

대여금등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Basic facts

A. On December 7, 2006, the Plaintiff (the merged corporation former merger corporation: G) was originally a “stock company H” and changed in the order of “I Co., Ltd.” and “J of the Co., Ltd.,” and subsequently, on July 11, 2017, the Plaintiff (the merged corporation corporation former merger corporation: G) was changed to “D”.

(D) The main contents of the credit transaction agreement (hereinafter “the instant credit transaction agreement”) were as follows, and D made a loan on December 7, 2007 (hereinafter “the instant loan”) with the interest and guarantee fee rate of KRW 150,00,000 per annum 3MBR 3.86% per annum, 14% per annum per annum per annum, 14% per annum per annum from the minimum compensation rate for delay to the maximum amount of 19% per annum, case by transaction method, and due date.

[Agreement on Credit Transactions] The debtor (D. hereinafter the same shall apply) approves that the basic terms and conditions of credit transactions (in the case of the passbook prior loan and the current loan, including the related receiving transaction terms and conditions) and the corporate credit transaction affiliated terms and conditions shall apply, and promises to each of the following provisions:

Article 1 (Conditions for Transactions) (1) Terms and conditions of transactions, such as the subject of credit, amount of agreement, term of agreement, rate of interest guarantee fees and damages for delay, transaction method, etc. shall be as follows, and the timing and method of loan execution shall be as determined by the Bank, and the unpaid shall pay interest, etc. according to the methods and timing determined by the Bank:

Provided, That the interest rate, guarantee fees, etc. may be changed if the term of contract is extended, the ratio of external loan or loan for the financing of the bank is changed, or the term of the contract is at least one year, as determined by the bank.

(2) Credit extended in the manner of transaction under paragraph (1) may be freely borrowed and repaid within the agreed limit and within the agreed time limit, and credit extended in separate transaction shall be temporarily repaid within the agreed time limit.

B. The defendant is the representative director and the representative director of D on December 4, 2006.