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(영문) 대전지방법원 2018.05.10 2017가합107470

대여금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 271,243,223 won and 268,630,180 won among them.

Reasons

Facts of recognition

Defendant A Co., Ltd. (hereinafter “Defendant Company”) obtained from the Plaintiff the instant 1 and 2 loans, and Defendant B provided joint and several sureties for the instant 1 and 2 loans, and received the instant 3 loans.

The first loan of this case: 95,00,000 won for loans, 4.45% per annum on February 28, 2014; 12% per annum on delay interest rate; 114,00,000 won per annum on extended loans; and 2% per annum on extended loans: 200,000,000 won per annum on extended loans; 5.12% per annum on March 26, 2015; 12% per annum on extended loans; 240,000,000 won per annum on extended loans; 50,000,000 won per annum on extended loans; 4.21% per annum on extended loans; and 4.21% per annum on extended loans; 12% per annum on extended loans; and 16.1% per annum on extended loans; and 26.1% per annum on extended loans, the debtor is naturally liable to perform all of the obligations under the terms and conditions of this case within the extended period.

The Defendant Company failed to repay part of the obligations arising from the instant loans Nos. 1 and 2 within the given period, and the Plaintiff terminated the instant loans Nos. 1 and 2 on the ground that the Plaintiff was deprived of the benefit of time due to the breach of the loan agreement and the delinquency in payment of principal and interest on September 6, 2017.

Defendant B failed to repay part of the obligation under the instant loan No. 3 within the time limit, and the Plaintiff terminated the instant loan No. 3 on November 6, 2017 on the ground that the Plaintiff was deprived of the benefit of time due to the violation of the loan agreement and the delay in payment of principal and interest.

On the other hand, as of September 27, 2017, the principal of the instant loan No. 1 was KRW 58,340,00, interest KRW 1,489,163, interest KRW 662,90, and overdue interest amount was KRW 60,492,153. The principal of the instant loan No. 2 is KRW 200,000,000, and the substitute payment was KRW 1,200,782, interest amount is KRW 7,60,235, interest interest amount is KRW 1,950,053, and overdue interest interest is KRW 210,751,070.

In addition, as of November 9, 2017, the title of this case is presented.