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(영문) 수원지방법원안산지원 2015.05.28 2013가합21717

대여금

Text

1. Defendants B and A shall jointly and severally apply to the Plaintiff KRW 586,010,155 and KRW 545,549,683, among them. < Amended by Presidential Decree No. 24583, Jun. 6, 2013>

Reasons

1. Basic facts

A. The Defendant A Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) entered into six loans (1~6) and one credit card use contract (7) with the Plaintiff as indicated in the following table:

B. Of Defendant A’s above loan obligations, Defendant B jointly and severally guaranteed each of the following obligations within the scope of 1,3,4,6, and7 set forth in the table below, to the extent of 18,00,000 won for Defendant A’s above loan obligations, and 54,00,000 won for Defendant A’s above loan obligations.

C. As Defendant A failed to pay interest on loans to the Plaintiff, the current account transaction was suspended on December 31, 2012, and accordingly, lost the benefit of each loan.

Accordingly, on February 4, 2013, the Korea Credit Guarantee Fund that entered into a credit guarantee agreement with Defendant A, subrogated to the Plaintiff KRW 407,866,099 (Defendant B jointly and severally guaranteed the liability for indemnity against Defendant A) and on June 12, 2013, the loan principal, interest, and delay damages against the Plaintiff by Defendant A are as follows.

(2) 11 per annum of 106/5/200,00,000 206/5/200,00,000, 2013/5/5/5/16, 183, 183, 2008/5/5/200,00, 113/5/130,00 per annum of 2013/5/5, 13/5,475/100, 86/475/40, 3205/40, 207, 3209/475/40, 207, 3209/175/40, 205/40, 205/40, 105/30, 105/40, 105/305, 105/40, respectively.

E. Meanwhile, on March 9, 2010, Defendant B owned Nonparty D to secure the loan obligation No. 4 of the above table.