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(영문) 대구지방법원 2019.09.19 2018가합209144
대여금
Text

1. The Plaintiff:

A. As to the Defendant B’s KRW 435,070,178 and its KRW 393,249,838 among them, Defendant B’s Co., Ltd. from September 3, 2018 to September 3, 2018.

Reasons

1. Basic facts

A. The Plaintiff lent money to Defendant B Co., Ltd. (formerly: C, Defendant Co., Ltd.; hereinafter “Defendant Co., Ltd.”) three times as indicated below [Attachment 1].

(1) “The loan of this case” is “the loan of this case” and each individual loan of this case is “the loan of this case.” The loan of this case is “the loan of this case” according to the following table. The loan of this case (unit: 200,000,000 on February 4, 2015 from February 9, 2015 to February 8, 2018: 4.43% per annum: 12% per annum; 2% per annum; 12% per annum; 2.0% per annum; 2.0% per annum; 3.0% per annum; 2.0% per annum; 2.7% per annum; 3% per annum; 2.0% per annum; 2.4% per annum; 2.0% per annum; 2.7% per annum; 3.4% per annum; 2.4% per annum; 2.4% per annum;

B. On February 4, 2015, Defendant D set the limit on the guarantee amount of the first loans owed by Defendant Company as KRW 240,000,000, and jointly and severally guaranteed the guarantee amount.

C. At the time of the instant loan, when the Defendant Company did not pay the principal and interest of interest, installment redemption, and principal and interest of redemption at the due date, the Defendant Company immediately paid damages for delay to the amount to be paid (Article 2(2) of the respective loan agreement), and even if the Defendant Company loses the benefit of due date, it shall pay damages for delay

(Article 2.3. (d) of each letter of loan.

The Defendant Company delayed the performance of the obligation to repay the principal and interest of the instant loan, and lost the benefit of time on August 23, 2018.

E. As of September 2, 2018, the remaining principal and interest, etc. of the instant loan, including damages for delay, are as listed below [Attachment 2].

(1) The principal of the divided principal shall be interest.

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