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(영문) 서울중앙지방법원 2017.06.02 2016가단5147814

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) Amounting to KRW 281,645 and interest thereon from September 26, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On December 12, 2008, the Plaintiff, on December 11, 2008, extended the credit amount of KRW 27,000,000, and on December 11, 2009, extended the credit amount of KRW 10,000 to Defendant A Co., Ltd. (hereinafter “Defendant Company”). On December 11, 2009, on December 11, 2009, the Plaintiff extended the credit expiration date to December 9, 201 with respect to the above loan of KRW 1.

B. On December 10, 2007, the Plaintiff implemented a loan extended to the Defendant Company at KRW 500,000,000, and as of December 2, 2011, the expiration date of the credit (hereinafter “two loans”).

C. On July 30, 2009, the Plaintiff implemented a loan with a credit limit of KRW 300,000,000, and a credit limit of KRW 430,000,00 for raw materials purchase fund (hereinafter “three loan”). On July 30, 2010, the Plaintiff changed the credit limit of KRW 470,000 for the above three loan to KRW 470,000,00. In other words, on July 30, 2010, the credit expiration date was changed to July 29, 201. On August 23, 2010, the credit limit was changed to KRW 380,00,000, and on September 2, 2010, the credit limit was changed to KRW 430,000,000, respectively.

On March 28, 2011, the Plaintiff implemented a loan extended to Defendant Company amounting to KRW 26,00,000,000, and as of March 28, 2012 (hereinafter “four loans”) from the expiration date, referring to four loans from the first to four loans, and hereinafter “each of the instant loans”).

E. Defendant B, the representative director of the Defendant Company, signed on December 12, 2008 on a joint and several guarantee amounting to KRW 32,400,000 with respect to one of the loans in this case (the above Defendant signed on a revised additional agreement to extend the expiry date of the credit) and on July 30, 2009 with respect to three loans, a joint and several guarantee amounting to KRW 360,000,000 with the guarantee limit of KRW 360,000 with respect to the guarantee limit of KRW 470,000,000 on April 14, 2010, the above Defendant signed on a "additional agreement to revise the transaction terms" as well as on the same day.