logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.16 2018가합2946
양수금
Text

1. The defendant shall be the plaintiff.

A. 290,473,053 within the limit of KRW 300,000,000 and 250,000 among them

Reasons

1. Basic facts

A. The Industrial Bank of Korea concluded each credit transaction agreement with C Co., Ltd. (hereinafter “C”) as listed in the following table, and loaned money to C (hereinafter “instant loan bonds”), and the Industrial Bank of Korea and C agreed to pay damages for delay on the credit balance from that time when C fails to perform the above loan obligations on the expiration date of the credit or when C loses the benefit of the due date.

(Article 3(2) of each Credit Transaction Agreement. The defendant, the representative director of C, has jointly and severally guaranteed the debt of C within the limit of guarantee (including interest, compensation for delay, and all incidental claims) as follows.

The amount of loans extended from the opening date of the Account (hereinafter “(1)”) on April 30, 2015, the guarantee limit for delay interest rate of KRW 1,250,000 for small and medium enterprise loan of KRW 11% on April 29, 2016, and KRW 300,000,000 for small and medium enterprise loan of KRW 2,000 on April 30, 2015 (hereinafter “B loan”) (hereinafter “loan”). KRW 50,000,000 on April 30, 2015, KRW 60,000,000 for 60,000 on April 29, 2016, KRW 3,000 for small and medium enterprise loan of KRW 50,00,00 on May 26, 2015 (hereinafter “III loan”).

B. On August 10, 2010, C entered into an agreement with the Industrial Bank of Korea to enter into a credit card holders agreement with 25% per annum, and obtained a credit card from the Industrial Bank of Korea (hereinafter “credit card payment claim against C of the Industrial Bank of Korea arising therefrom”). The Defendant jointly and severally guaranteed the above C’s credit card payment obligation.

C. C did not pay the principal and interest of the above loan obligation to the due date, thereby losing the benefit of the due date, and the credit card payment was in arrears.

The principal and interest of C’s loans and credit card payment obligations as of May 1, 2018 are as follows:

(1) The loan obligations 250,00,000,473,053 290,473,053 290,473,0532. The loan obligations 50,000,000 9,673,3059,673.

arrow