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(영문) 수원지방법원 2020.12.09 2019가합1773

대여금

Text

1. The Defendants each amounting to KRW 900,000,000 to the Plaintiff, respectively, and 5.5% per annum from March 12, 2014 to June 17, 2019.

Reasons

1. Basic facts

A. On February 14, 2014, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a refund loan agreement of KRW 2.350 million with E (hereinafter “E”) and on February 17, 2014, Defendant C Co., Ltd. (hereinafter “E”) borrowed KRW 2.35 billion from E Co., Ltd. and set a fixed interest rate of KRW 5.5% per annum for the said loan.

Plaintiff

On August 1, 2013, from Co., Ltd. I to J-ro, April 1, 2015, the trade name was changed to A-stock company as of February 1, 2015. On February 14, 2014, the Plaintiff agreed to take over loans from E-Unions and Defendant C and Defendant C on the condition that the nonperformance of obligations by Defendant C may occur, and the Plaintiff may claim reimbursement of the amount repaid to Defendant C when the Plaintiff repaid its obligations.

On February 2014, E Union created a pledge right up to KRW 900 million on the Plaintiff’s deposit claim against Defendant C in order to secure the Plaintiff’s claim for loans to Defendant C.

B. Defendant D (hereinafter “Defendant D”) entered into a refund loan agreement with FF associations and G associations (hereinafter collectively “H associations”) on February 14, 2014, KRW 2.350 million, and entered into a loan agreement with H associations on February 17, 2014, KRW 2.35 billion from H associations on February 17, 2014, and set the fixed interest rate of KRW 5.5% per annum on the said loan.

On February 14, 2014, the Plaintiff agreed to the effect that, subject to the non-performance of obligation by the HF and Defendant D, Defendant D will take over the obligations of Defendant D’s E-union on an overlapping basis, and that, in the event that the Plaintiff repaid its obligations, the Plaintiff may claim for reimbursement of the amount repaid to Defendant D.

H Partnership established a pledge right up to KRW 900 million on the Plaintiff’s deposit claim against Defendant D in order to secure the Plaintiff’s claim for loans against Defendant D on February 2014.

C. On March 12, 2014, the E Union sent notice to the Plaintiff that it would offset the Plaintiff’s deposit claim amounting to KRW 900 million against the Plaintiff’s E-Union’s loan loss due to Defendant C’s loan loss.