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(영문) 서울남부지방법원 2017.04.21 2016가합3813
대여금 등
Text

1. The defendant shall pay to the plaintiff the amount of KRW 711,780,282 and the amount of KRW 417,929,80 among them to October 14, 2016.

Reasons

1. Indication of claim;

A. The Plaintiff entered into a loan agreement with B as described below [Attachment 1] (hereinafter “each of the instant loan agreements”), and the Defendant jointly and severally guaranteed B’s obligations under the respective loan agreements.

(hereinafter “each joint and several guarantee agreement of this case”). The overdue interest rate of 100,000,000 8.5% on December 1, 2010 for the loan-based loan-based interest rate of 10,000,000 8.5% on December 1, 2010 21% on 5, 200 21% on 3, 2010 3, 100,000,000 8.5% on December 10, 2010 21.4% on August 5, 2010 20,000 on December 10, 10, 2010 5% on May 5, 200, 2005, 105 of the loan-based loan-based loan-based loan-based loan-based loan agreement of this case and 10.5% on May 21, 2015 205% on May 5, 2018.

B. Each loan agreement of this case and each joint and several guarantee agreement of this case provide that "I would promptly pay damages for delay on the amount to be paid when the principal and interest on the installment repayment of interest is not paid on the given date." Article 4 (2) of the loan agreement of this case provides that "I would like to pay damages for delay at the rate prescribed in Article 2 for the amount to be paid when the loan term expires or when a loan term expires or a benefit under Article 8 of the credit transaction basic terms and conditions has been lost, I will pay damages for delay on the balance of the loan from that time.

C. B pays the principal and interest under each of the instant loan agreements and pays them from March 28, 2013 to October 23, 2013 as indicated below in the “final date of repayment” column 2 below.

The principal and damages for delay that the Defendant, a joint and several surety, has to pay to the Plaintiff shall be as specified in the following [Attachment 2] as of October 13, 2016.

The loan balance (original loan) interest rate of less than KRW 100,000,000,000 on December 10, 2010 on December 13, 2010, which is less than KRW 100,000,000,000,000 on July 16, 2013, 216, 68,132,962 on December 10, 2010.

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