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(영문) 서울중앙지방법원 2017.09.22 2017가합500186

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 6,550,493,656 and KRW 4,508,00,000 from January 3, 2017.

Reasons

1. Basic facts

A. On August 3, 2015, the Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant A”) mean the U.S. currency in which the Plaintiff leased the amount of USD 8,000,000 or less to Defendant A. The Defendant A borrowed money after six months from the date of borrowing the money (However, if Defendant A borrowed money under the PF contract before it, Defendant A borrowed money, the date of borrowing the PF loan refers to the real estate development project (the Defendant B refers to the “C project development project”).

In progress, there seems to have been planning to obtain 4,00,000 dollars as principal in connection with the pertinent development project, and 8 months thereafter (if Defendant A previously borrowed money under the PF contract, the date of borrowing the PF) respectively, the remainder of 4,00,000 dollars as principal shall be repaid, and 9 months after the date of borrowing shall be 35.461% of the principal as interest for 8,00,000 dollars as interest for 35.461% of the principal (hereinafter “the instant monetary lending contract”).

B. At the time of the conclusion of the instant monetary lending contract, Defendant B, the representative director of Defendant A, entered into a joint and several guarantee contract with the Plaintiff to jointly and severally and severally guarantee the obligation under the instant monetary lending contract against the Plaintiff by Defendant B (hereinafter “instant joint and several guarantee contract”).

C. On August 18, 2015, the Plaintiff transferred USD 8,000,000 to Defendant A according to the instant monetary loan agreement.

When Defendant A was unable to repay the principal under the instant monetary loan agreement as agreed upon, on December 28, 2015, the Plaintiff and Defendant A changed the principal and interest payment agreement of Defendant A under the instant monetary loan agreement, and the Defendant A entered into the agreement on February 28, 2016 (However, if Defendant A borrowed money under the instant monetary loan agreement before it, the date of borrowing the money), USD 4,000,000, and April 30, 2016: Provided, That the amount is in accordance with the PF agreement before Defendant A borrowed money.