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(영문) 서울중앙지방법원 2020.11.06 2020가단5113801

대여금

Text

1. Defendant B Co., Ltd.: (a) from February 13, 2020 to KRW 2,167,966,206 among the Plaintiff’s KRW 2,624,916,319.

Reasons

1. Basic facts

A. On July 28, 2015, the Plaintiff determined each credit transaction agreement (hereinafter collectively referred to as “the credit transaction agreement in this case”) between Defendant B Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) as the due date of repayment of KRW 100,000,000 on February 1, 2019; the interest rate of KRW 2.9% per annum; and the compensation rate of KRW 8% per annum (the maximum interest rate of KRW 15% per annum); and on March 13, 2015, the due date of repayment of KRW 10,000,000 on June 15, 2018; the interest rate of KRW 3.56% per annum; the compensation rate of KRW 8.5% per annum; and each credit transaction agreement was concluded with the Defendant Co., Ltd. as the guarantee limit of KRW 100,000; and the Defendant Co., Ltd. paid KRW 2080,080.

B. On or around January 6, 2012, the Plaintiff is a foreign exchange transaction agreement between the Defendant Company and a foreign exchange transaction agreement between the Defendant Company regarding purchase of export bills.

Upon entering into a contract, the Defendant Company purchased a bill of exchange from the Defendant Company, provides loans at a discount equivalent to the face value at the Defendant Company, and if the bill of exchange at maturity is not paid, the Defendant Company shall pay the full amount of the loan, but shall pay damages for delay calculated at the overdue interest rate determined by the Plaintiff. Between January 5, 2016 and January 7, 2016, the amount of the export bill of exchange 1,921,014 (i.e., 369,800, 135, 114, 369,80, 369, 369, 700 (369, 369, 900) was applied for purchase at the maturity from January 25, 2018 to April 5, 2018, and the bill of exchange was not paid at maturity.

C. At the time of the conclusion of the instant credit transaction agreement and foreign exchange transaction agreement, the Plaintiff and the Defendant Company paid interest and damages for delay at the interest rate and damages for delay determined by the Plaintiff. At the present, the rate of damages for delay for corporate credit as determined by the Plaintiff is 15% per annum, and the rate of damages for delay under the first credit transaction agreement is 11.23% per annum, and 2.