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Reasons
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(영문) 수원지방법원여주지원 2016.05.12 2015가단6717
대여금
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1. The Plaintiff:

A. Defendant A shall pay full amounts of KRW 2,978,556,213 and KRW 1,085,743,578 among them from July 3, 2015.

Reasons

1. Facts of recognition;

A. On July 8, 2011, the Plaintiff entered into a credit transaction agreement with Defendant A, setting a credit limit of KRW 3.324 billion, at the rate of 8% per annum, and at the rate of 25% per annum on July 8, 2012, and extended a loan of KRW 3.324 million to Defendant A (hereinafter “instant loan”).

B. On July 8, 2011, between the Plaintiff and the Plaintiff, Defendant B and C set the guarantee limit at KRW 4.322 billion, and Defendant D entered into a comprehensive guarantee agreement including the joint and several surety for the loan obligations, etc. that are currently or futurely borne by Defendant A with the guarantee limit at KRW 100 million (hereinafter “instant comprehensive guarantee agreement”).

C. When Defendant A delayed the payment of the principal and interest of the instant loan, the Plaintiff received dividends, etc. from the collateral provided by Defendant A or the Defendant through a voluntary auction procedure on real estate. As a result, the balance of debt as of July 2, 2015 is KRW 3,185,743,578, interest 1,975,483,867, plus KRW 3,161,227,445.

The plaintiff in a part of the judgment filed a lawsuit against the defendant A and B seeking payment of part of the loans of this case under the Suwon District Court Branch Branch Decision 2014Da3081, May 15, 2014, the above court rendered a judgment that "the defendant A and B shall jointly and severally pay to the plaintiff 10 million won and the amount calculated at the rate of 25% per annum from March 13, 2012 to the date of full payment, and the defendant B shall pay to the plaintiff 4,321,200,000 won within the limit of 4,321,20,000 won" (hereinafter "the judgment of this case"). The defendant B appealed against the above judgment, but all of the above judgment was dismissed, and the above judgment became final and conclusive.

[Ground of recognition] The facts without dispute, Gap's 1 to 7 evidence (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above-mentioned facts of recognition as to the cause of the claim, Defendant A.

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