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(영문) 서울중앙지방법원 2015.05.13 2014가단146638 (1)
대여금
Text

1. The Plaintiff:

A. Defendant (Appointed Party) A, the Appointed C D, D, E, and F are jointly and severally liable for KRW 11,03,645.

Reasons

1. Facts of recognition;

A. The Selected C&C (hereinafter “C”) concluded a loan transaction agreement with the future Savings Bank, a stock company, and received the loan as follows:

(1) 1.25% per annum on April 23, 2008 (Peremptory Notice) 37% per annum on February 23, 2009 (Peremptory Notice)

B. The Defendant (Appointed Party; hereinafter “Defendant”) A, Appointed D, E, F, H, and Defendant B guaranteed each of the above loans at the time of a loan agreement. The Defendants and the designated parties approved that the future savings bank’s basic terms and conditions are applied.

C. After that, on February 23, 2009, the future savings bank entered into an agreement for the extension of the loan period to the end of August 22, 2009, between the Appointor C. The Defendant B among the existing joint and several sureties changed to G.

After that, on June 29, 2009, Chys Association concluded a loan agreement with the future savings bank to repay KRW 230,00,000 in balance of the loan principal and KRW 85,00,000 in excess of the above loan principal, and KRW 315,00,000 in excess of the loan principal, interest rate of June 29, 2010, interest rate of KRW 14% per annum, and overdue interest rate of KRW 22% per annum (hereinafter “III”), and repaid KRW 315,00,00 in excess of the loan principal. ③ Defendant A, Selection D, E, H, G, and F applied guarantee limit amount to KRW 409,500,00 in each guarantee amount to the above loan. ③ Defendant A and the designated parties at the time of the above joint and several guarantee agreement were approved.

E. The Selected C&C made full reimbursement of the principal of each loan, but the Defendant B made full reimbursement of the interest and damages for delay on the loan (10,189,969 won in total, and 11,03,645 won in total, with respect to the above loan (2) and interest and damages for delay.

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