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(영문) 서울중앙지방법원 2020.08.31 2019가단5184425
대여금
Text

1. The defendants are jointly and severally liable to the plaintiff:

A. As to KRW 125,549,489 and KRW 100,00,00 among them, the Defendant Company.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) on April 29, 2013.

A) On April 29, 2014, 200, KRW 100,000 was extended to the Plaintiff, and on April 29, 2014, the interest rate fluctuation rate of 6.926% [the short-term interest rate of 12-month banks + 5.212%], Defendant B provided a joint and several guarantee to the Plaintiff by setting the guarantee limit of 120,000,000 won for the Defendant Company’s above loan obligations (hereinafter “instant first loan”).

(2) On May 13, 2013, the Plaintiff loaned 420,000,000 won to the Defendant Company as of May 13, 2014, and 4.703% of the interest rate fluctuation rate (short-term interest rate between banks in three months + 2.86%). Defendant B set the guarantee ceiling amount of KRW 75,00,000 for the Defendant Company’s above loan obligations to the Plaintiff as the guarantee ceiling amount of KRW 75,00,00 for the Defendant Company.

(2) On the same day, the Defendant Company completed the registration of the establishment of the principal debt amount of KRW 384,00,000 with respect to No. 9 of the Songpa-gu Seoul building C, which was owned by itself, as a security for the said loan debt to the Plaintiff.

3) The agreed interest rate for delay for loans 1 and 2 in the instant case is 11% per annum. (B) The expiry date of each credit for loans 1 and 2 in the instant case is extended. The Plaintiff and the Defendants concluded an agreement to change terms and conditions of transactions with the content of the agreement to set forth in Article 56-5(2)4(a) of the Credit Business Regulations as the expiration date of each credit for loans 1 and 2 in the instant case. On May 19, 2016, the Plaintiff and the Defendants concluded an agreement to change terms and conditions of transactions with the following terms and conditions: (a) November 18, 2016; (b) interest rate fluctuation rate fluctuation rate fluctuation rate rate 9.5% (short-term interest rate £«9.675% among banks in the instant case in December 12, 2016; (c) maximum interest rate 9.5% among banks in the instant case in accordance with Article 56-5(2)4(a) of the Credit Business Regulations.

(hereinafter “each of the instant Terms and Conditions Change Agreements”). November 18, 2016, the instant case.

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