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(영문) 부산지방법원 2017.04.27 2015가단224830
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 724,347,395.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) is a corporation established for the purpose of housing construction and sales and supply business, and Defendant A is the representative director of Defendant A.

B. On February 21, 2008, Defendant A entered into a loan agreement (hereinafter referred to as the "loan agreement") with the Gyeonggi Savings Bank Co., Ltd. (hereinafter referred to as the "Game Savings Bank"), the Promotion Savings Bank Co., Ltd. (hereinafter referred to as the "Promotion Savings Bank"), three billion won from the Promotion Savings Bank Co., Ltd. (hereinafter referred to as the "Promotion Savings Bank Co., Ltd.") as a project financing related to the business of new construction and sale of apartment units C (hereinafter referred to as the "the business of this case"), 12 billion won in total from the Promotion Savings Bank Co., Ltd. (former Mutual Savings Bank: Youngnam Mutual Savings Bank Co., Ltd., Ltd.; hereinafter referred to as the "Ynam Savings Bank"), and Defendant A Co., Ltd., Ltd. (hereinafter referred to as the "Co., Ltd."), on the basis of the following terms and conditions:

1) The interest rate applicable to the loan was 9% per annum (the rate was changed to 3.5% per annum thereafter, but changed to 5.3% per annum.

(i)The interest rate shall be 24% per annum, and the loan period was changed to December 31, 2013 after the date on which the loan was conducted.

(2) Article 1(1), Article 4(3), and Article 12(2) of the Loan Agreement stipulates a joint and several guarantee agreement with the savings bank of this case for the joint and several guarantee of the secured debt against the savings bank of this case, and the defendant A has the representative director of the defendant A to guarantee the secured debt.

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