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(영문) 광주지방법원목포지원 2016.07.20 2016가단3117
대여금
Text

1. The defendant shall be the plaintiff.

A. Within the scope of KRW 99,575,306 and KRW 740,00,000 out of the total amount of KRW 960,00.

Reasons

1. Determination as to the cause of claim

A. On June 28, 2011, the Plaintiff, as the representative director, shall be the Plaintiff, on June 28, 201, and the Defendant, a representative director, shall be the Plaintiff.

Between the due date and the due date, June 29, 2012 ( thereafter extended on June 29, 2014).

(2) According to the agreement to lend KRW 800,00,000 to the instant company, respectively, with 15% per annum (the delayed delay damages shall be 15% per annum and 19% per annum, but shall be subject to the changed interest rate at the time of change) (hereinafter “instant loan”).

(2) On June 29, 201, the Plaintiff entered into a credit card opening contract with the instant company (hereinafter “the instant card opening contract”) and the Defendant set up a collateral guarantee to guarantee the instant company’s obligation within the limit of KRW 24,000,000.

3) Article 17 of the terms and conditions applicable to the card contract of this case provides that "a member shall pay the fee incidental to the card use price on the settlement date, and where the card use price is not paid on the settlement date, a member shall additionally bear the overdue interest rate from the following day to the date of full payment." Meanwhile, from September 22, 2015 to the date of full payment, the overdue interest rate from September 22, 2015 to the date of the closing of argument of this case is 25% per annum. 4) The company of this case lost its profits as of March 20, 2014, and as of March 2, 2016, the company of this case lost its principal interest rate of KRW 740,00,00 and interest rate of KRW 259,575,306 (Attempted interest rate of KRW 42,492,576, overdue interest rate of KRW 217,082,730).

[Reasons for Recognition] The facts without dispute, or the entries and arguments in Gap evidence 1 to 8 are all made.

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