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(영문) 서울중앙지방법원 2018.07.06 2016가합576988
대여금
Text

1. Defendant A:

(a) Within the scope of KRW 360,000,000, KRW 298,661,125 and this shall be from September 16, 2016.

Reasons

1. Basic facts

A. The Plaintiff entered into each loan agreement with D Co., Ltd. (hereinafter “D”) as listed below (hereinafter “O loan agreement”). Defendant A, as an internal director of D, jointly and severally guaranteed the obligations of D under each of the instant loan agreements, as the internal director of D.

Serial 240,000,000 20,000 11. 240,000 11. 24, 2016. 240,000 ; 16,60,000 ; 160,000 ; 160,60,000 ; 160,000 ; 16,000 ; 16,000 ; 16,000 ; 16,00 ; 16,000 ; 16,000 ; 16,000 ; 11,00 29,0011 29,000 ; 130,000 ; 16,000 ; 10,000 ; 10,0000 ; 10,000 10,000 10,010

B. Article 7 of the General Terms and Conditions of Credit Transactions applicable to each of the instant loan agreements are as follows. D lost the benefit of time due to the Plaintiff’s loan obligation due to delinquency in paying the principal and interest of the Plaintiff under each of the instant loan agreements.

Article 7 (Obligation to Pay Obligations Before Due Date) (1) In any of the following cases, where an obligor arises with respect to the obligor, even though there is no demand, notification, etc. from the Plaintiff, the obligor is naturally liable to pay the obligor (or to pay) any benefit of the time limit for all the obligations of the Plaintiff.

3. When an application is filed for bankruptcy, rehabilitation, or commencement of individual rehabilitation procedures, or when an application is filed for entry in a defaulters' list, and (2) Where the debtor falls under any of the following grounds with respect to the debtor, the debtor shall naturally lose the benefit of the deadline for the relevant debt and thereby, be liable to repay it immediately:

1. Interest, etc.;

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