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(영문) 서울중앙지방법원 2015.09.10 2014가단5106734
대여금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 69,960,389 and KRW 28,311,566 among them:

B. Defendant B is the defendant A.

Reasons

1. Basic facts

A. Defendant A is an attorney-at-law who operates the “E law office” in Young-gu, Suwon-si, Suwon-si, and Defendant B and C is an employee employed by the said law office.

B. On July 15, 2010, the Plaintiff, a credit service provider, entered into an agreement for credit supplementation (hereinafter “instant agreement”) with Defendant A and C (joint guarantor), and ② on October 21, 2010 with Defendant A and B (joint guarantor).

This means that the defendant A, who requires the procedure of rehabilitation, bankruptcy, etc., loans money equivalent to the commission fee to the clients of the defendant A, and immediately pays the above amount to the defendants who will follow the above procedure. The defendants are jointly and severally liable for the client's loans to the plaintiff. The main contents are as follows.

Article 1(Purpose)The purpose of this Agreement is to supplement the credit of the client in lending the money to the client of Party A (Defendant A) who is unable to raise the costs of filing an application for rehabilitation, bankruptcy, transmission, etc. and the fees of attorney-at-law and certified judicial scrivener.

Article 2 (Main Obligations) (1) A shall lend money to a client who delegates the case of individual rehabilitation or bankruptcy to B.

A must pay a loan only to B.

(2) A shall lend money to an applicant for a delegation contract and to an attorney-at-law and a certified judicial scrivener within the scope of remuneration.

(3) A shall be paid in installments each month from the date of lending the sum of the amount equivalent to or less than 44% per annum from the clients of B.

(4) Where a client fails to pay overdue interest, he/she shall pay overdue interest at the rate of 44% per annum.

Article 3 (Joint Guarantee) (1) In case A and B enter into a loan contract with each client instead of preparing a joint payment guarantee contract for each client, B and B are jointly and severally liable for the client A as provided for in the contract.

(2) The limit of joint and several sureties shall be prescribed in Article 2 (1).

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