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(영문) 대전지방법원 2020.10.08 2020가단688
대여금
Text

1. The plaintiff

A. Defendant B Co., Ltd.: (a) from November 1, 2019, 129,648,219 won and KRW 67,500,000 among them.

Reasons

1. Basic facts

A. On June 30, 201, the Plaintiff granted a loan of KRW 300,000,000 to Defendant B Co., Ltd. (hereinafter “Defendant Company”) at the rate of “4.9% of the interest rate” and “other interest rate” on June 5, 2014 for the expiration date of the credit.

(hereinafter “instant loan 1”). Defendant C, the representative director of the Defendant Company, set the guarantee limit of KRW 67,500,000 against the Plaintiff regarding the Defendant Company’s above loan obligations, and jointly and severally guaranteed the Plaintiff.

B. On June 17, 2013, the Plaintiff granted a loan of KRW 30,000,000 to the Defendant Company as of December 17, 2013 (the extension to February 24, 2015 thereafter) and the interest rate of KRW 9.99% on the short-term interest rate between banks for three months in the interest rate (korior).

(hereinafter “instant second loan”). Defendant C set the guarantee limit of KRW 36,00,000 against the Plaintiff regarding the Defendant Company’s above loan obligations, and jointly and severally guaranteed the Plaintiff.

C. The agreed interest rate for the first and second loans of this case is 15% per annum.

Each of the above loans was lost due to the delinquency of principal and interest of the defendant company.

By October 31, 2019, the principal amount of the instant loan 30,000,000, interest and delay damages 21,35,898 remains. The principal amount of the instant loan 2 remains 37,50,000,000, interest and delay damages 40,792,321 won.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant Company: (a) KRW 129,648,219, totaling the principal and interest of each of the above loans (i.e., the principal and interest of the first loan of this case of KRW 30,355,898,00,000, the principal and interest of the second loan of this case of KRW 37,792,321), and KRW 67,50,000, among them, the principal and interest of the second loan of this case of KRW 1 of this case of KRW 30,350,000,000, the principal and interest of the second loan of this case of KRW 1 of this case of KRW 30,000,000 (= the principal and interest of KRW 37,500,000,000).

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