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(영문) 대전지방법원 2019.01.09 2018가합104980
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 715,827,751 and KRW 387,326,923 from January 26, 2018 to June 2018.

Reasons

Description of Claim

The Plaintiff is a public interest corporation established pursuant to the Small and Medium Enterprises Promotion Act, and the Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Company”) entered into a loan contract with the Plaintiff as follows (hereinafter referred to as “first loan”) together with “second loan” (hereinafter referred to as “the instant loan contract”). The Defendant B jointly and severally guaranteed the instant loan contract.

On April 29, 201, 201, 3% per annum 12% per annum from 250,000,000,000 operating income (fixed interest rate) 1.89% per annum on April 29, 201, 201, No. 200,000, 12% per annum 4.18% per annum on July 27, 2012 (changing interest rate) 60,000,000,000, Defendant Company delayed interest from January 28, 2013 in violation of the instant loan contract. Pursuant to Article 6(1)1 of the instant loan contract, the instant loan contract was terminated.

On the other hand, the Plaintiff received dividends from the auction procedure with respect to No. 32, 2015, which was offered as security for loan No. 2, Sept. 2, 2015, and appropriated the principal of the second loan to KRW 370,569,852, and paid the principal of the substitute payment incurred under the instant loan contract.

The obligation of the instant loan contract is KRW 379,430,148 [=the principal amount of the instant loan principal of KRW 250,00,000,000] as of January 25, 2018 [the principal amount of the instant loan principal of KRW 129,430,148 ( KRW 500,000-370,569,852)]; interest accrued until the due date until the due date of loss of interest (the interest accrued from the first loan of KRW 1,41,025 (interest of KRW 6,485,750); overdue interest of KRW 328,50,828 = Interest of the instant loan contract of KRW 103,101,410,569,852]; interest of KRW 7,896,775; interest accrued from the due date of discharge of the principal and interest accrued from the due date to the due date of discharge of interest; interest of KRW 1051,416,254,284,25th 28.

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