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(영문) 수원지방법원성남지원 2015.07.08 2013가단46664
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 694,643,326 and KRW 466,976,531 among them, from April 13, 2015.

Reasons

1. Facts of recognition;

A. On March 7, 2012, the Gyeonggi Savings Bank Co., Ltd. concluded a credit transaction agreement with Defendant A, setting the amount of KRW 1.5 billion at the maturity of payment on March 7, 2013, with 10% per annum.

At the time, Defendant AFC Loan Co., Ltd., and Defendant A’s obligations under the above credit transaction agreement were jointly and severally guaranteed.

B. The Plaintiff succeeded to the status of the above credit transaction agreement from the Gyeonggi Savings Bank Co., Ltd.

C. Upon Defendant A’s request for the extension of a credit transaction agreement, the Plaintiff entered into an additional credit transaction agreement with Defendant A on March 7, 2013, by adjusting the amount of the loan limit to KRW 955 million between Defendant A and the maturity of payment to KRW 955 million and KRW 12% per annum on March 7, 2014.

Under the above additional credit transaction agreement, Defendant A paid KRW 3 million to the Plaintiff during the period from one month to six months from the date of the extension of the contract, and KRW 5 million per month from seven months to 12 months from the date of the extension of the contract, and agreed to change the account in which the principal and interest of the loan is paid from the debtor to the account in the name of the Plaintiff, and agreed to take the non-performance of the above agreement as a ground for loss of profit.

At the time of the above additional credit transaction agreement, the Defendant AFC loan, B, and C set the maximum amount of collateral guarantee as KRW 1.433 billion and jointly and severally guaranteed the obligations under the above additional credit transaction agreement against the Plaintiff of the Defendant A.

E. However, Defendant A did not perform the obligation to repay KRW 3 million per month from the date of extension of the contract to six months, and Defendant A did not pay the principal and interest of the loan to its obligor in his/her own account in his/her name and lost the benefit of time under the above additional credit transaction agreement.

F. As of April 12, 2015, the amount of debt under the above additional credit transaction agreement against the Plaintiff of Defendant A Co., Ltd. as of April 12, 2015 is the total of 466,976,531, interest 227,154,625, and provisional payment 512,170.643

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