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(영문) 서울고등법원 2016.06.30 2015나2057261

대여금 등

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. The Plaintiff’s claim 1 against D Co., Ltd.) on August 7, 2007, the Plaintiff Company D (the trade name before the change is F Co., Ltd.; hereinafter “D”).

between the credit card use agreement and (hereinafter “instant credit card agreement”)

(2) On May 30, 2012, the Plaintiff entered into a credit transaction agreement between D and D with respect to the credit card purchase loan for the subject of loan, credit limit of KRW 100 million (up to KRW 400 million), and the credit period from May 30, 2012 to May 30, 2013 (hereinafter “the first credit transaction agreement”).

E on May 30, 2012, according to the first credit transaction agreement of this case, D guaranteed the guarantee limit of KRW 120 million with respect to the obligation to be borne by the Plaintiff to the Plaintiff, and changed the guarantee limit of KRW 480 million on July 5, 2012.

The Plaintiff loaned KRW 278,547,612 in total eight times from June 24, 2014 to July 14, 2014 pursuant to the Credit Transaction Agreement of this case.

3) On May 19, 2014, the Plaintiff entered into a credit transaction agreement between D and a small and medium enterprise loan for the subject of loan, credit limit of KRW 200 million, credit period of KRW 200 million, and credit transaction agreement between May 19, 2014 and May 19, 2015 (hereinafter “instant credit transaction agreement”). In addition, each of the above credit transaction agreements is “each of the instant credit transaction agreements”.

(2) On the same day, E concluded a credit card transaction agreement of this case with the guarantee limit of KRW 240 million. According to the credit card transaction agreement of this case, the Plaintiff lent KRW 200 million to D on May 19, 2014. 4)D did not pay the credit card user fee liability under the credit card transaction agreement of this case and the principal and interest of the loan under each credit transaction agreement of this case.