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(영문) 서울중앙지방법원 2018.02.06 2017가단36732
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 534,205,765 and KRW 455,501,945 among them.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) on March 15, 2016.

The term “transaction classification/products: Ceiling transaction classification/livestock products security loan/credit limit amount: 700,00,000 won: Limit period: 12 months; agreed interest rate: 8.90% per annum; overdue interest rate: 25% per annum; etc.; and thus, a monetary loan contract (hereinafter “instant loan contract”) is concluded.

(2) Defendant B, C, and D Co., Ltd. jointly and severally guaranteed the Defendant Company’s obligations under the said monetary loan agreement. (2) The Plaintiff implemented each of the loans to the Defendant Company as indicated in the separate sheet of loan implementation in accordance with the instant loan loan agreement.

3) The Defendant Company failed to repay the loan even after the expiry of the maximum period of the loan agreement of this case and the loan period of each of the loans of this case, and the Plaintiff disposed of the security and appropriated the security to repay the loan as shown in the separate sheet of claim management. [Grounds for recognition] There is no dispute, and the evidence A of subparagraphs 1 through 6 (including serial numbers), as a whole, the purport of the entire pleadings and arguments.

B. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of the principal and interest of each loan under the loan for consumption contract of this case as described in paragraph (1) of this Article and damages for delay.

2. Judgment on the defendants' assertion

A. The summary of the Defendants’ assertion is that the livestock products offered as security for transfer to the Plaintiff to secure the Defendants’ obligations under the loan agreement of this case (hereinafter “instant collateral”) have been transferred to the Plaintiff, unlike the general security for transfer, unlike the general security for transfer, the possession of the said products has been transferred to the Plaintiff. Therefore, the

In the event that the Defendants repay their loans, the Plaintiff shall return the security, and the Plaintiff’s security by double transfer or loss of the security.

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