(영문) 서울고등법원 2018.01.12 2017나2044207

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(영문) 서울고등법원 2018.01.12 2017나2044207

대여금

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1. The part against the defendant in the judgment of the first instance, including a claim for reduction and change in this court, is as follows.

Reasons

1. Basic facts

A. The co-defendant B of the first instance trial as the representative director of the Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”) in the first instance trial from October 1, 2008 to March 16, 2004, and the Defendant was registered as a director in the corporate register of A in the first instance trial from March 16, 2004 to March 16, 2007.

B. Each loan agreement between the Plaintiff and A and B and a credit card membership agreement 1) The Plaintiff, as indicated in the following table, concluded to lend KRW 1,963,304,17 in aggregate to A as a loan for small and medium enterprise funds through four times from July 19, 2013 to August 11, 2014 (hereinafter “each of the instant loan agreements”) and specified by the sequence of individual contracts.

B) A’s joint and several liability was concluded, and B. According to the following: (a) the annual interest rate of 300,000,000 on July 19, 2013, plus the annual interest rate of 19,700,000 on July 17, 2014; (b) 360,000,000 on April 21, 2014; (c) the interest rate of 1,00,000,000,000,000 on April 347, 2015 plus the interest rate of 120,000,000,000,000,000,0000,000,000,000 on April 15, 2015; (b) the interest rate of 30,000,0000,0000,0000,034,015.

3) On January 6, 2014, the Plaintiff’s joint and several sureties A and card use limit of KRW 50 million under the joint and several sureties B, and on the 15th day of each month of the settlement date, and entered into a credit card return agreement (hereinafter “instant credit card agreement”).

(4) A did not pay interest under each of the instant loan agreements and lost the benefit of the lending obligation, and did not pay the credit card use payment under the instant credit card contract.

As of August 16, 2016, each of the above obligations is settled as of August 16, 2016 as listed below:

The credit balance of the subject shall be interest of the source.

유사 판례

-서울중앙지방법원 2017.07.07 2016가합553121

-서울중앙지방법원 2016.12.15 2015가합569129

-서울중앙지방법원 2018.10.04 2018가단5124402

-서울중앙지방법원 2018.06.27 2018가단5064715

-서울중앙지방법원 2016.01.29 2015가합525648