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(영문) 전주지방법원 2016.07.13 2015가단36176

대여금 등

Text

1. The Plaintiff:

A. 1 Defendant A limited liability company: KRW 44,856,941 and KRW 41,989,175 among them, respectively. < Amended by Presidential Decree No. 26759, Nov. 20, 2015>

Reasons

1. Facts of recognition;

A. Defendant A limited liability company (hereinafter “Defendant A”) entered into a credit transaction agreement with the Plaintiff and received each loan from the Plaintiff.

Defendant B jointly and severally guaranteed the obligation of Defendant A to the Plaintiff according to each of the above credit transaction agreements, setting the guarantee limit for the total amount.

At the time of the conclusion of the above credit transaction agreement, Defendant A approved that the basic terms and conditions of the Plaintiff’s bank credit transaction were applied, and delayed damages were to be based on the compensation rate for delay determined by the Plaintiff. The compensation rate for delay determined by the Plaintiff is 15% per annum.

B. On December 2, 2013, Defendant A entered into a credit card transaction agreement with the Plaintiff, and approved that the Plaintiff’s Credit Card Enterprise Member Regulations apply, and Defendant B jointly and severally guaranteed Defendant A’s obligation to the Plaintiff under the said credit card transaction agreement, setting the maximum guarantee amount at KRW 2.4 million.

Defendant A agreed to bear the overdue charge determined by the Plaintiff in the event of delinquency in paying credit card bills, and the overdue charge rate determined by the Plaintiff is 27% per annum.

C. Defendant A lost the benefit of time due to the failure to repay the principal and interest specified in the agreement with respect to each of the above obligations. The amount of debt owed to the Plaintiff by Defendant A as of November 19, 2015 is as follows:

The purport of each of the statements, arguments, and evidence of subparagraphs A through 4 (including the serial number) of subparagraphs 1 through 4 of this Article is as follows: 250,000,000,547 20,547 1,897,6375,6375,63751,911, 184 credit card 1,921,921,921,140 168,6132,089,753, 910, 3152, 742, 4842, 205,079, 857,877,878 / [the ground for recognition] of the facts that there is no dispute over the whole of the statements, arguments, and evidence of subparagraphs A (1) through 4 of this Article

2. According to the above facts of determination, Defendant A is liable to compensate the Plaintiff for delay at the rate of 15% per annum from November 20, 2015 to the date of full payment with respect to KRW 44,856,941 of the principal and interest of loans, and the principal of the loans, KRW 41,989,175 of the loan, and KRW 51,911,184 of the loan and interest of KRW 2 of the loan and interest of KRW 51,91,184.