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(영문) 부산지방법원 2014.01.07 2012가단217022 (1)
대여금
Text

1. The Plaintiff:

A. Defendant A shall pay KRW 69,180,939 and KRW 48,513,846 among them from July 30, 2012 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Busan Savings Bank Co., Ltd. (hereinafter “BB Savings Bank”) concluded a credit transaction agreement with Defendant A with loans of KRW 50 million on April 29, 2008, the maturity date of April 29, 201, the annual interest rate of KRW 11% per annum, and the maximum interest rate of delay damages rate of KRW 21% per annum (hereinafter “instant loan agreement”); on December 4, 2009, the loan amount of KRW 12 million per annum; the maturity date of December 4, 2014; and the maximum interest rate of KRW 10% per annum; and the maximum interest rate of delay damages rate of KRW 20% per annum (hereinafter “instant loan agreement”).

B. In addition, with respect to the change in the interest rate pursuant to the loan agreement of this case between the Defendant A and the Busan Savings Bank, the interest rate shall be the first applicable rate pursuant to the loan transaction agreement of this case, and thereafter the Busan Savings Bank may adjust the loan interest rate to the prescribed loan interest rate presented each month. In this case, the obligation to confirm the change in the loan interest rate and the adjustment matters shall be the debtor.

C. On April 29, 2008, the Busan Savings Bank entered into a joint and several guarantee agreement with Defendant B, with a maximum amount of 65 million won for the loan agreement of this case (hereinafter “instant joint and several guarantee agreement”), and on December 4, 2009, with respect to the loan agreement of this case No. 2, which is owned by the said Defendant, as the responsible property of the said Defendant, the joint and several guarantee agreement with a maximum of 12 million won for the loan agreement of this case (hereinafter “instant land”) (hereinafter “joint and several guarantee agreement of this case”).

As of July 29, 2012, the balance of the loan under the loan agreement of this case as of July 29, 2012 is 62,191,703 won (=48,513,846 won (the principal of the loan) 13,67,857 won (interest and damages for delay from February 28, 201 to July 29, 2012). The balance of the loan under the loan agreement of this case under the loan agreement of this case is 14,24,012 won (=the principal of the loan of 12 million won) 2,24,012 won (interest and damages for delay from March 4, 201 to July 29, 2012).

(e) it;

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