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(영문) 서울중앙지방법원 2016.12.15 2015가합569129

대여금 등

Text

1. As to the Plaintiff, Defendant A and B, jointly and severally, KRW 547,694,81 and KRW 472,290,207 among the Plaintiff, Defendant A and B.

Reasons

1. Determination as to the claim against Defendant A and B

(a)the description of the reasons for the claim is as shown in Appendix 3;

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on deeming that the application is made);

2. Determination as to the claim against Defendant M&C

A. Basic facts 1) The Plaintiff, Defendant A, and Defendant B) concluded each loan transaction agreement with Defendant A (hereinafter “each of the instant loan transaction agreements”) with the following terms and conditions. On the same day, Defendant B, a director of Defendant A, jointly and severally guaranteed each of the above loans.

On July 7, 2008, 100, 200, 300,000, KSIBOR 3.444% of loans for small and medium enterprises on March 9, 2009, 30,005% of KSIBOR 6.55% on July 17, 2013, 50,000 loans for small and medium enterprises on July 17, 2013, KSIBR 6.05% on March 30, 200, 2006.06.05% of loans for small and medium enterprises on April 31, 2013, 200, 200, 2000, 200,000 credit card loans on March 10, 2000 and 300,005. 5.205. 205. 205. 2005.

On the same day, Defendant B entered into a joint and several surety with respect to the above credit card use amount. C) From January 2015, Defendant A lost its benefit at the time of delay in payment of interest under each of the instant loan transaction agreements and credit card use agreements. At September 23, 2015, the details of the loan principal and interest and credit card use amount in arrears by Defendant A as of September 23, 2015 are the principal amount of KRW 506,097,817, interest and credit card use amount of KRW 41,596,94 in total as indicated below.

Loan Agreement 237,714,681, 19,021,3381, 111% of loan transaction agreements 77,00,727,590 11% of loan transaction agreements 0393,366 11% of loan transaction agreements 57,575,526 4,097,621% of loan transaction agreements 100,000,650,650,650,124% of loan transaction agreements.