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(영문) 광주지방법원 2018.01.19 2017나3976

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On April 4, 2008, the Plaintiff entered into a credit transaction agreement with Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “instant company”) to apply the fluctuation rate of KRW 200,000,000 and to grant a loan on April 6, 2009 (hereinafter “instant loan agreement”).

B. On April 4, 2008, Defendant B entered into a limited contract between the Plaintiff and the Plaintiff with the limit of KRW 240,000,000,000, and the period for the settlement of accounts determined in a future designation type, which guarantees the instant company’s obligations under the instant loan agreement and the future.

C. On August 31, 2010, Defendant C entered into a limited contract between the Plaintiff and the Plaintiff with the limit of KRW 160,000,000, and the period for the settlement of accounts determined in a future designation type, which guarantees all obligations that the instant company currently and future in accordance with the instant loan agreement.

From April 8, 2009 to December 4, 2012, the Plaintiff entered into an agreement with the instant company to amend the terms and conditions of credit transactions. On December 4, 2012, the Plaintiff entered into an agreement with 120,000,000 won for loans, and the term of credit expires to April 4, 2013 (hereinafter “instant amendment agreement”). The Defendants agreed to the instant amendment agreement as joint and several surety.

E. As of November 30, 2016, the principal and interest of the instant loan agreement is KRW 120,00,000, interest of KRW 70,507,213 in total, and KRW 190,507,213 in accordance with the Framework Agreement on Credit Transactions, and the interest rate for delay applicable to the instant loan agreement after January 30, 2015 is 15% per annum pursuant to the Framework Agreement on Credit Transactions.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 6, 8 through 10 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the company and the Plaintiff jointly and severally with the company of this case with respect to KRW 190,507,213, and the principal amount of KRW 120,000,000 among these amounts, from December 1, 2016.