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(영문) 전주지방법원 2019.07.12 2018가단25993

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 368,038,041 and the amount of KRW 366,989,330 from August 28, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On June 9, 2010, the Defendant: (a) borrowed KRW 420,00,000 from the Plaintiff on September 9, 2018 due date; (b) interest rate of KRW 2.6% based on interest rate; and (c) interest rate of delay interest rate of KRW 2.6%; and (d) interest rate of delay interest by adding the additional interest rate for each overdue period to the interest rate; (b) however, the Defendant was granted loans to the Plaintiff as subject to the basic terms and conditions of bank credit transaction (hereinafter “instant terms and conditions”) by setting the highest interest rate of KRW 1

(hereinafter “instant loan agreement”). B.

The Defendant entered into a contract for the sale of golf membership in lots in KRW 700,000 (hereinafter “instant contract”) with the non-party company C (hereinafter “non-party company”). The Defendant entered into the instant contract for the loan for the payment of KRW 420,000 out of the balance of the membership deposit to be paid to the non-party company according to the above contract for the sale of golf membership (hereinafter “instant contract”). On June 9, 2010, in order to secure the Defendant’s obligation to pay loans to the non-party company, the Defendant entered into a contract for the transfer of the right to claim the return of KRW 700,000 with the non-party company’s membership deposit against the non-party company, and the pledge amount of KRW 546,00,000,000 with respect to the above security deposit refunded to the Plaintiff. The non-party company consented to the assignment of the claim and the pledge.

C. Accordingly, the Plaintiff paid 420,000,000 won to the non-party company at the Defendant’s request.

According to Article 6 of the Terms and Conditions of this case, when it is deemed necessary for the preservation of claims of a bank due to the reduction in the value of collateral held by the debtor or guarantor, the debtor shall promptly provide security or set up a guarantor recognized by the bank at the request of the bank, and pursuant to Article 7(4), when the bank fails to comply with the request under Article 6, the bank shall urge in writing and at least 10 days from the date of arrival of such notification.