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Reasons
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(영문) 광주지방법원순천지원 2016.01.28 2013가합2024 (1)
대여금
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1. The defendant;

1. As to the Plaintiff jointly and severally and severally KRW 629,193,846 and KRW 324,906,051 among the Plaintiff, Co., Ltd.

Reasons

1. Basic facts

A. On January 15, 2013, the Plaintiff entered into the instant loan agreement and guarantee agreement.

1. A Co., Ltd. (hereinafter “Defendant A”) and the 339,00,000 won of the loan amount were agreed upon, 7.8% per annum, overdue interest rate of 11.5% per annum, overdue interest of 11.5% to 13.5% per annum, and the due date of repayment of the loan amount of January 15, 2018 (hereinafter “instant first loan agreement”). Defendant B and C set the guarantee limit of 440,70,000, and the guarantee period of the Defendant A’s loan amount of 60 months.

On the same day, the Plaintiff deposited 339,000,000 won in the account of Defendant A’s Credit Union (E).

2) On January 21, 2013, the Plaintiff and Defendant A agreed to KRW 313,00,000 per annum, 7.8% per annum, interest rate of KRW 11.5% per annum, interest rate of KRW 13.5% per annum, and a monetary loan loan agreement to be lent on January 21, 2018 (hereinafter “instant second loan agreement”).

(3) Defendant B and C deposited KRW 313,00,00 with the credit union account under the name of the Defendant A for the guarantee limit of KRW 406,90,00 for Defendant A’s loan obligations, and the guarantee period of KRW 60 months. On the same day, the Plaintiff deposited KRW 313,00,00 with the said credit union account under the name of the Defendant A. (3) Defendant A deposited the principal amount of KRW 4,595,537 on February 15, 2013, interest KRW 2,245,748, interest KRW 245,748 on March 15, 2013, principal amount of KRW 4,840,366, interest amount of KRW 2,00,929, principal amount of KRW 4,658,046, interest amount of KRW 2,183,249 on April 22, 2013, principal and interest were repaid under the loan contract.

B. Defendant A’s act of disposing of an automobile by the Defendant A on April 22, 2013

4. Defendant D sold 1, 2, 3, 4, 6, 8, 14, 15, 20, 21, 22, 25, and 12 listed in the separate sheet, including vehicles listed in the separate sheet (hereinafter “Defendant D”) and Nos. 8, 20 listed in the separate sheet (hereinafter “instant bus”), and Defendant D registered the transfer of rights to the said bus.

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