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(영문) 서울중앙지방법원 2015.06.17 2014가합43279
대여금등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from August 19, 2014 to KRW 431,667,763 and KRW 413,915,669 among them.

Reasons

1. Basic facts

A. On September 2, 2011, the Plaintiff loaned KRW 440,000,000 to Defendant A Co., Ltd. (hereinafter “Defendant A”) on August 31, 2012 with a maturity of KRW 440,00,00 on the second day of each month, setting the interest rate of KRW 7.19% per annum, and the payment date of interest.

(hereinafter referred to as “this Agreement”) Article 2 : 2. Damages for delay (2) fails to perform the obligation on the expiration date of the credit period, or pay damages for delay on the credit balance from that time to that time.” The relevant parts of the instant loan agreement are as follows.

On the other hand, Defendant A, the representative director of Defendant A, had the guarantee limit of KRW 520,00,000, and jointly and severally guaranteed the obligation of the instant loan to the Plaintiff by Defendant A.

(hereinafter “instant guarantee”). B.

After that, the maturity of the instant loan agreement was finally extended on May 9, 2014.

C. The Plaintiff presented a proposal to extend the remainder of the due date when the Plaintiff repaid part of the instant loan to Defendant A, on the ground that there was a decrease in the sales of Defendant A from 2013 to 2014.

However, Defendant A was unable to repay this.

The Plaintiff demanded the Defendant A to repay the full amount of the loan immediately after the maturity of the loan, but the Defendant A is not able to repay the loan. The remaining principal and interest of this case as of August 8, 2014 are KRW 431,67,763 in total, including the principal amount of KRW 413,915,669, overdue interest of KRW 17,752,094 (= KRW 413,915,69, KRW 17,752,094). The overdue interest rate applicable to the loan of this case is KRW 16.89% per annum.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim against Defendant A and B

A. As above, the maturity under the loan agreement of this case has arrived, Defendant A as the principal debtor, barring any special circumstance.

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