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(영문) 제주지방법원 2017.04.21 2012가단32118
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 300,000,000 won and the interest thereon from August 1, 2012 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 4, 2005, the est mutual savings bank (hereinafter “the est mutual savings bank”) concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “A”) with the interest rate of 11.5% per annum, 21% per annum, and the expiration date of the credit. February 4, 2006, each credit transaction agreement was made by setting the credit subject as “comprehensive passbook loan” and lending three billion won.

Defendant C (hereinafter “C”) and D, on the same day, jointly and severally guaranteed (hereinafter “joint and severally guaranteed sureties”) with each guarantee limit of KRW 3.9 billion, with respect to the obligations for loans under the above credit transaction agreement to the excellent mutual savings banks of Defendant A.

B. On February 4, 2008, the outstanding mutual savings bank concluded a credit transaction agreement with Defendant A on February 4, 2008 with regard to the above loan obligations by setting the interest rate of 10% per annum, 22% per annum (the rate shall be changed to 22.5% per annum), and the expiration date of the credit shall be February 4, 2009, and each credit transaction agreement (hereinafter “credit transaction agreement of this case 2”) was made by setting the credit subject as the comprehensive passbook loan, and made a loan of KRW 3 billion (hereinafter “credit transaction agreement of this case”). The repayment of loans under the first credit transaction agreement of this case was conducted.

Defendant B, on the same day, jointly and severally guaranteed the guarantee amount as KRW 3.9 billion with respect to the obligations of loans under the above credit transaction agreement to the excellent mutual savings bank of Defendant A.

C. The principal and interest of a loan granted to an outstanding mutual savings bank under Article 1 of the instant loan is KRW 5,277,312,008 in total as of August 1, 2012 (i.e., principal and interest of KRW 2,212,99,016 in total (i.e., principal and interest of KRW 3,064,312,992).

On December 14, 2006, 10.5% per annum between Defendant A and 21% per annum (the annual interest rate is changed to 22.5% per annum). The expiration date of the credit is December 14, 2007, and the credit transaction agreement is concluded by setting the credit items as general financing loans, and the loan amount is KRW 70 million.

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