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(영문) 서울중앙지방법원 2019.09.17 2017가단83462

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 434,495,00 and KRW 236,896,038.

Reasons

1. Basic facts

A. On September 9, 2011, the Plaintiff entered into a loan agreement on credit sales claims up to five billion won with Defendant D Co., Ltd. (hereinafter “Defendant D”), and the Defendant approved that the basic terms and conditions of bank credit transactions apply to the said agreement.

In accordance with the above contract, the Plaintiff granted a loan equivalent to approximately KRW 1 billion to the Defendant over 12 occasions from November 3, 2011 to April 2, 2012. Among them, a loan, the maturity of which is after August 22, 2012, whose maturity is after August 22, 2012 and which is not subject to the extinctive prescription at the time of the application for the instant payment order, is as follows:

F G H I

B. As of August 16, 2017, the Defendant was unable to repay the total amount of the principal and interest of this case as of August 16, 2017, KRW 1,094,303,209, and KRW 580,862,413 among the loan principal and interest of this case. Of the unpaid principal and interest of this case, a credit after August 22, 2012, the payment period of which was later due, which was not set up by the extinctive prescription at the

The overdue interest rate determined by the Plaintiff applicable to the instant loan in accordance with the basic terms and conditions of bank credit transactions is 15% per annum after January 26, 2015.

F G H I

C. Defendant E (hereinafter “Defendant E”) is a company incorporated by dividing part of Defendant D on August 22, 2012.

The instant loan contract provides a loan to Defendant D by Defendant D, a selling company that generates credit sales claims to J Co., Ltd. (hereinafter referred to as “J”) by taking over the credit sales claims from Defendant D and taking them as collateral. As such, the Plaintiff obtained approval from J as the credit sales claims acquired from Defendant D, and if J is unable to pay the principal and interest of the loan, it is the structure of paying the principal and interest of the loan by exercising its right to demand reimbursement against Defendant D.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-6 and 12 (including all of the paper numbers), and oral arguments.