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(영문) 서울중앙지방법원 2020.11.10 2020가단5223654
대여금
Text

The Defendants jointly and severally pay to the Plaintiff KRW 207,945,869 as well as KRW 136,00,000 among them, from July 10, 2020.

Reasons

1. Basic facts

A. 1) The Plaintiff (former Company D) on November 2, 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(2) In the course of a credit transaction agreement between the Defendant Company and its credit limit amount of KRW 500,00,000 per annum, interest rate of KRW 8.9% per annum, and the loan period of six months, the said date entered into a credit transaction agreement with the Defendant Company to secure the obligation to repay loans under the credit transaction agreement with the Defendant Company, as well as a transfer security agreement with the content of providing the livestock products as collateral each by setting the maximum debt amount of KRW 650,00,000,000 per each in a future designation for settlement period (hereinafter “instant agreement”).

(2) According to the agreement of this case, the Defendant Company was able to obtain individual loans on the security of livestock products within the scope of the credit limit amount, and the total amount repaid on the expiration date of the loan period. (2) Defendant C jointly and severally guaranteed the above obligation amount of KRW 650,000,000.

B. The Defendant Company purchased each of the relevant livestock products as stated in the “loan Implementation Date” column as indicated in the attached Table 1 from E and F (hereinafter “E, etc.”) in an amount similar to the amount stated in the “loan Amount” column as stated in the same Table as stated in the same Table, and requested the Plaintiff to implement the loan based on the instant agreement. The Plaintiff loaned each of the corresponding amount stated in the “Loan Amount” column as stated in the same Table as indicated in the same Table to the Defendant Company on each date (hereinafter “each of the instant loans”). The Defendant Company, on the same day, remitted each of the instant loans to each of the relevant companies listed in the “Purchase Company” column as stated in the same Table as indicated in the same Table as the purchase price.

C. As of July 9, 2020, the remainder of each of the loans of this case as of July 9, 2020 is as listed in the corresponding column in attached Table 2, and the total amount is KRW 680,268,293.

(The interest rate shall be 3% of the interest rate). (The interest rate shall be the basis for recognition)

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