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(영문) 대전지방법원 2018.08.22 2018가합103499
대여금
Text

1. The Defendant shall jointly and severally with limited liability companies B for KRW 210,227,326 and KRW 205,729,611, among the Plaintiff.

Reasons

Description of Claim

The purpose of the plaintiff was to contribute to the development of national economy by efficiently promoting projects for the promotion of small and medium enterprises as public interest corporations established under the Small and Medium Enterprises Promotion Act.

A limited liability company B (hereinafter “B”) approves the Plaintiff’s fulfillment of the basic terms and conditions of credit transactions in good faith, and is the principal debtor who has obtained a loan from the Plaintiff with the following contents, and the Defendant is a joint and several surety for the following loan agreements between B and the Plaintiff:

Loan amount: The date of loan of KRW 200,000: March 27, 2015 (the date of agreement: March 24, 2015): The interest rate on loan by type of profit: 3% (interest rate on interest rate on interest rate): Annual interest rate of 2.07% (interest rate on interest rate): 12% (interest rate on interest rate): 240,000,000) per annum: B violated the above loan agreement and did not pay the principal and interest, thereby losing the benefit of time as of January 12, 2018; and the above loan agreement was terminated.

By January 12, 2018, an obligation under the above loan agreement accrued until January 12, 2018, is KRW 208,468,759 (=interest of KRW 200,00,000,000, interest of KRW 4,947,641 with substitute payment of KRW 781,970 with substitute payment of KRW 781,970 with substitute payment of KRW 2,739,149). The obligation incurred until February 7, 2018, which the Plaintiff and the Defendant prepared a certificate of claim confirmation, was KRW 210,227,326 (i) with substitute payment of KRW 200,000 with substitute payment of KRW 781,970 with interest of KRW 4,947,641 overdue interest of KRW 4,497,715).

Therefore, as of February 7, 2018, the Defendant, a joint guarantor of the above loan agreement, is liable for the debt amounting to 210,227,326 won under the above loan agreement (i.e., principal amounting to 200,000,000,000 substitute payment of KRW 781,970 substitute payment of KRW 4,947,641 overdue interest of KRW 4,497,715), and KRW 205,729,611 (i.e., principal amounting to 200,000 substitute payment of KRW 781,970,947,641) from February 7, 2018 to May 30, 2018.

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