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(영문) 부산지방법원서부지원 2019.04.04 2018가합775

양수금등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 450,000,000 and KRW 300,000 among them, from September 1, 2017 to September 2017.

Reasons

1. Basic facts

A. On January 25, 2017, E loaned KRW 100,000 to Defendant B with interest rate of KRW 5% per annum and due date on July 31, 2017. Defendant C jointly and severally guaranteed the above loan obligation. Defendant B merely paid interest to E until July 31, 2017.

On September 1, 2017, E and Defendant B extended the due date for the repayment of the above loan credit on December 31, 2017, and Defendant C and D jointly and severally guaranteed the foregoing changed loan debt.

3) On January 1, 2018, E and Defendant B had extended the repayment period of the above loan credit to June 30, 2018, and changed the interest to 7% per annum. Defendant C and D jointly and severally guaranteed the changed loan debt as above. (b) The F loaned the loan debt to Defendant B on January 25, 2017 as the interest rate of KRW 200 million per annum and July 31, 2017. Defendant C guaranteed the said loan debt.

2) Defendant B paid only the interest to F until July 31, 2017, and did not pay the principal. The F and Defendant B extended the maturity of the foregoing loan credit on September 1, 2017 to December 31, 2017, and Defendant C and D guaranteed the loan debt changed as above. 3) F and Defendant B guaranteed the loan debt as above. On January 1, 2018, the maturity period of the above loan credit was extended to June 30, 2018, and the interest was changed to 7% per annum. Defendant C and D jointly guaranteed the loan debt changed as above.

C. G’s loan claim 1) on October 19, 2017, G lent KRW 150,000 to Defendant B on a yearly basis and on November 14, 2017. Defendant C and D guaranteed the above loan obligation. (2) on November 15, 2017, G and Defendant B extended the repayment period of the above loan obligation to December 31, 2017 and changed the interest to 5% per annum. On January 1, 2018, the repayment period was extended to June 30, 2018 and the interest was changed to 7% per annum.

Defendant C and D have been changed twice as above.