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(영문) 서울중앙지방법원 2020.05.01 2019가단5097255
약정금
Text

1. The Plaintiff:

A. Defendant B, jointly and severally with Defendant C and D, KRW 77,126,847, and KRW 66,714,310 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company operating a specialized credit financial business, and the Defendant B (hereinafter “Defendant Company”) is a company operating a financial intermediary business.

Plaintiff

The company and the defendant company concluded a partnership agreement with the content that the defendant company arranged loans to the plaintiff and the plaintiff pays fees to the defendant company.

B. The Defendant Company arranged the Plaintiff to grant a loan to E. Accordingly, on March 30, 2016, the Plaintiff: 10.9% per annum on interest; 25% per annum on overdue interest; 48 months during the lending period; and the principal and interest repayment method.

(hereinafter “instant loan”). C.

On May 23, 2016, the Defendants agreed to pay the Plaintiff the full amount of the obligation to repay to the Plaintiff immediately. ② On May 27, 2016, in the instant loan case, the Defendants agreed to jointly and severally pay the Plaintiff the full amount of the instant loan obligations (including interest, overdue interest, redemption fees, all expenses, etc.) upon the Plaintiff’s request for subrogation in the event of a cause for loss of interest under Article 5 of the Plaintiff’s heavy industrial re-loaned Products, or E’s delinquency in payment for at least 30 days on a consecutive two occasions or at least 30 days in arrears.

(hereinafter referred to as the “instant agreement”) d. of the instant agreement dated May 23, 2016 and May 27, 2016.

E delayed the repayment of the principal and interest of the instant loan two consecutive times and at least 30 days based on the number of overdue days, and the Plaintiff terminated the instant loan contract on November 1, 2017 as E’s debt was in arrears.

As of April 19, 2019, the total amount of loans in this case as of April 19, 2019 is KRW 77,126,847, and the principal amount is KRW 66,714,310.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-6, Eul evidence No. 2 (including virtual number), the purport of the whole pleadings

2. Determination

A. Determination as to the cause of the claim

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