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(영문) 수원지방법원 성남지원 2018.08.29 2017가단20998
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 5, 2006, the Plaintiff (formerly, “C Co., Ltd.”) entered into an agreement on foreign currency loan lending transactions with the Defendant on December 31, 2006, including the date of expiration of the credit period, and the change of interest rates [the choice of Article 3(2)2 of the General Terms and Conditions on Credit Transactions (hereinafter “instant Terms and Conditions”)] 3.0506% of Libor interest rate, and one month during the change of interest rate, and obtained a loan from the Plaintiff (hereinafter “instant loan”).

B. At the time of the above credit transaction agreement, the representative director D and D jointly and severally guaranteed the debt of this case by the Plaintiff’s representative director D and D, and as security, the establishment registration was completed on each real estate owned by the Plaintiff and E (ware, dormitory, and apartment).

C. The Plaintiff and the Defendant extended the loan period of this case as indicated below.

On January 5, 2006, 200. Lib. 6, 20.4 1, 20.3 0b. Lib. 6. 1, 203 1, 20.4 6.1, 20. 1, 206. 1, 20. 1, 206. 3. 1, 206. 1, 206. 1, 206. 3. 1, 206. 1, 206. 1, 206. 3. 1, 206. 1, 206. 1, 206. 3. 1, 206. 1, 16. 3, 201 or 5. 14. 1, 205. 14. 1, 205. 14. 1, 2014

D. On June 30, 2017, the Defendant notified the Plaintiff that the additional interest rate on the credit transaction agreement will be changed from June 30, 2017 to 3.46% to 12.63%.

On June 30, 2017, the Plaintiff entered into a credit transaction agreement with the content changed as above.

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