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(영문) 서울남부지방법원 2017.01.06 2016가단33312
대여금
Text

1. The Plaintiff:

A. The Defendants shall be jointly and severally paid KRW 49,557,839, but Defendants B and C shall be within the scope of KRW 200 million, respectively.

Reasons

1. Facts of recognition;

A. On November 3, 2014, the Seocho Mutual Savings Bank, Inc. (hereinafter “Seo Mutual Savings Bank”), merged on November 3, 2014, extended loans to the Plaintiff on May 31, 2007, at the interest rate of KRW 150 million per annum, KRW 10.5% per annum, annual interest rate of delay damages, 21% per annum, and November 17, 2007, at the expiration date of the extension period.

(B) On May 31, 2007, Defendant B and Defendant C entered into a comprehensive collateral guarantee agreement up to KRW 200 million for each Defendant Company’s obligations.

B. On June 26, 2009, Western Mutual Savings Bank borrowed a loan at the interest rate of KRW 120 million to the Defendant Company at the rate of KRW 10.5% per annum and at the rate of 21% per annum.

(B) On June 26, 2009, Defendant B entered into a comprehensive collateral guarantee agreement up to KRW 170 million with respect to Defendant Company’s obligations.

C. On November 16, 2009, Western Mutual Savings Bank borrowed loans at the rate of 10.5% per annum and 21% per annum to the Defendant Company on November 16, 2009.

(B) On November 16, 2009, Defendant B entered into a comprehensive collateral guarantee agreement up to KRW 900 million for Defendant Company’s obligations. D.

The balance of principal and interest of each of the instant loans as of March 29, 2016 shall be as follows:

(1) Interest 49,57,839 (2) : Interest 39,646,271 (3) : Interest 39,40,340, interest 256,260, interest 257,918,69 won 357,969

2. Assertion and determination

A. (1) The Plaintiff’s assertion (1) Defendant B and Defendant C provided a comprehensive collateral guarantee for all the Defendant Company’s obligations. As such, Defendant B is within the scope of KRW 1.27 billion totaling the limit of the collateral guarantee, Defendant C is within the limit of KRW 1.27 billion, and Defendant C is within the limit of the collateral guarantee.

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