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(영문) 수원지방법원안양지원 2019.05.30 2018가합485

대여금

Text

1. The Defendants jointly and severally pay KRW 1,017,006,290 to the Plaintiff.

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

3...

Reasons

1. Determination on the cause of the claim

A. According to the statements in Gap evidence Nos. 1 and 3, the following facts are recognized:

A) On October 29, 2010, the Plaintiff entered into a credit transaction agreement with Defendant B Company as follows (hereinafter “instant agreement”).

(2) On December 29, 201, the date of expiration of the term of credit extension of KRW 5,220,000,000, the date of credit extension of KRW 5,220,000 shall be December 29, 201, the date of expiry of the term of credit extension of KRW 12% per annum until December 29, 201, the date of expiry of the term of credit extension of KRW 5,220,00.

1. The interest rate for delay under Article 1(1) of the Credit Transaction Agreement shall be applied by adding the interest rate for delay by the agreed interest rate for the overdue period to the agreed interest rate, but the interest rate for delay by the overdue period shall be 10% per annum if the overdue period is less than three months, 11% per annum if the overdue period is less than three months but less than six months, and 12% per annum if the overdue period exceeds six months

2. The interest rate in arrear to be added above shall not be applied separately according to the period of arrears, the total period of arrears calculated from the date of occurrence of arrears shall be applied, and a part of the loan in arrear remains, and the interest in arrear shall be applied to the period of arrears calculated from the date of occurrence of the initial period of arrears;

The repayment shall be made in full on the expiration of the repayment period.

The interest payment date and method shall be paid every one month on the loan corresponding date.

B) On December 29, 2010, Defendant D and Defendant C Co., Ltd. jointly and severally guaranteed the above obligations of Defendant B Co., Ltd. with each limit of KRW 7,308,000,000. C) The Plaintiff and Defendant B Co., Ltd. changed the agreed date on December 29, 2012 to June 29, 2013, and Defendant D and Defendant C Co., Ltd consented thereto.

B. In addition to the above facts of determination, the Plaintiff’s principal and interest through voluntary auction procedure, such as the details of repayment of loans from the Defendants.