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(영문) 광주지방법원 2018.06.15 2017가단22037
대여금
Text

1. The defendant shall pay 52,150,269 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On October 30, 2002, the Plaintiff made a loan to the Defendant for corporate driving funds of KRW 223,00,000,000, and agreed that the repayment date between the Defendant and the Defendant shall be P-3.15% (6.8%) per annum until October 30, 2003, interest rate shall be P-3.15% per annum, interest at the time of delinquency in payment of interest for 14 days, on the remainder of the loan after 14 days, on the whole amount of the loan, if the obligation is not paid at the expiration date of the loan period, or when the benefit under Article 7 of the General Terms and Conditions for Credit Transactions by the Bank is lost, 19% per annum from the following day to the balance of the loan shall be paid. The loan shall be governed by the Plaintiff at the time of a change in interest rate, and the above loan shall be subject to

(hereinafter referred to as “the instant loan agreement”). B.

The non-party B and C guaranteed the loan agreement of this case within the limit of KRW 45,600,000, respectively.

C. The Plaintiff and the Defendant agreed to change the repayment date of the loan agreement of this case to July 25, 2007. The Defendant did not pay only interest on loans under the loan agreement of this case until July 25, 2006 and did not pay the interest thereafter, and thus, the loan agreement of this case lost the benefit of time.

On March 13, 2007, the Plaintiff, which was incorporated into a part of a special loan, treated the bad debt of the part of the principal and interest (principal principal of KRW 223,00,000, interest of KRW 23,513,180) under the instant loan agreement (principal of KRW 75,200,000, interest of KRW 23,513,180).

(hereinafter referred to as "special loan claims" and "general loan claims" which are not included in special loan claims. (e)

On August 27, 2007, the Plaintiff received dividends of KRW 99,340,254 in the auction procedure for D real estate auction and appropriated the principal amount of general loan claims in preference to KRW 88,716,674 and legal procedure costs (provisional payment) 10,623,580.

(f) The counterpart loans to the defendant and the joint guarantor.

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