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(영문) 부산지방법원 2016.06.29 2015가단83442
대여금
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd., the amount of KRW 745,837,707 and KRW 349,942,484 among them, the amount of KRW 745,837,70 and the amount of KRW 349,94

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 3:

On January 25, 2011, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) with a loan of general funds for the subject of credit, (a) amount of 500,000,000 won, (b) interest rate of 13% per annum on January 25, 2012, and (c) interest rate of 25% per annum on delay compensation (hereinafter referred to as “the instant credit transaction agreement”), and provided a joint and several guarantee to the extent of 650,00,000 won for the obligation to be borne by the Defendant Co., Ltd. under the instant credit transaction agreement.

(hereinafter referred to as “the instant joint and several guarantee agreement”). (b) the instant joint and several guarantee agreement.

As of November 23, 2015, the Defendant Company lost its interest by delaying the repayment of the obligation of the loan upon the expiration of the above credit period, and the principal and interest of the loan under the credit transaction agreement of this case as of November 23, 2015 are the total of KRW 745,837,707 (principal KRW 349,942,484 overdue interest rate of KRW 395,793,585 overdue interest rate of KRW 101,638).

2. According to the facts of the above recognition, the Defendant Company, the primary debtor, is obligated to pay to the Plaintiff damages for delay at the rate of 25% per annum from November 23, 2015 to the date of full payment of the principal and interest of the loan amount of KRW 745,837,707 under the instant credit transaction agreement and the principal of the loan of KRW 349,942,484 among them. Defendant B, C, D, and E, the joint guarantor, are jointly and severally liable to pay the said money within the limit of KRW 650,00,00,00 with the Defendant Company.

As to this, the Defendants asserted that around May 2012, they changed the title holder of the instant credit transaction agreement and joint and several collateral guarantee agreement into F. However, the aforementioned assertion is rejected as there is no evidence to acknowledge this.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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