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(영문) 서울중앙지방법원 2017.03.10 2015가합580713
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,400,000,00 and the interest rate from January 1, 201 to the date of full payment.

Reasons

1. Facts of recognition;

A. 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”).

A Co., Ltd. (hereinafter referred to as “A”) on December 31, 2008

(2) The term “the first credit transaction agreement” was concluded on June 30, 2009, respectively, and the credit transaction agreement was concluded by setting the credit limit amount of KRW 3.5 billion and the credit limit amount of KRW 3.5 billion per annum, interest rate of KRW 12% per annum, and delay compensation rate of KRW 25% per annum. The Defendant C guaranteed the Defendant Company’s obligation under the said credit transaction agreement. The term “the first credit transaction agreement” was extended on December 31, 2009. The extension was extended by December 31, 2010. (2) The first credit transaction agreement and the personal credit information provision and utilization agreement were affixed respectively to the Defendant Company’s corporate seal impression and the Defendant C’s personal seal impression on December 29, 2008 and the copy of the Defendant Company’s resident registration certificate and the resident registration certificate on January 7, 2009.

B. On December 31, 2008, 3.5 billion won was deposited in A’s account (number D) under the name of the Defendant Company established pursuant to the first credit transaction agreement. From December 31, 2008 to August 14, 2009, KRW 1.16 billion was deposited in the corporate bank account (number E) used by the Defendant Company for the transaction.

C. On January 13, 2009, Defendant Company entered into a mortgage agreement with respect to real estate and movable property owned by Defendant Company A and the maximum debt amount of KRW 4,550,000,00 with a view to securing obligations under the first credit transaction agreement, and accordingly, completed the registration of establishment of a neighboring mortgage in A.

1) On December 24, 2010, a contract for the alteration of the right to collateral security was concluded with the purport of changing the debtor of the said right to F from the Defendant Company to F. 2) on December 30, 2010. On the same day, A’s credit transaction agreement was terminated on December 30, 2010, and B’s creditor and F as debtor for the purpose of acquiring the obligation based on the first credit transaction agreement.

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