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(영문) 서울북부지방법원 2015.04.17 2014가단20537
대여금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 60,00,000 and Defendant B from February 21, 2014 to August 29, 2014.

Reasons

1. Determination on the cause of the claim

A. 1) On February 20, 2014, the Plaintiff entered into a loan agreement and interest payment agreement with Defendant B as follows. The Defendant Home Co., Ltd. jointly and severally guaranteed Defendant B’s obligation to the Plaintiff. From February 20, 2014 to February 20, 2015, the interest rate of 1.5%, and the 20th day of each month from the date of the obligor’s loss of interest due date. The joint and several surety, at the time of the obligor’s delay in payment of the interest at least three times, the obligor would lose its interest due date if the obligee’s failure to perform its duty, such as provisional seizure on the debtor’s assets, and the obligee’s delay in payment of the principal and interest amount at least 30% prior to the due date, the obligor would lose its respective interest due date until 20% prior to the due date for payment of the principal and interest (interest by the due date) and 20% prior to the due date for each of the instant loans, respectively, the Defendant C loses its respective obligation to the Plaintiff’s 20130.

3) On March 18, 2014, Defendant B intentionally locked and suspended all financial transactions in China. [Grounds for recognition] The fact that there is no dispute, Party B’s evidence Nos. 1 through 3 (including virtual numbers), and the purport of the whole pleadings.

B. According to the above facts of recognition, the defendants lost their benefit by reason of the suspension of financial transactions conducted by the defendant B, barring any special circumstance.

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