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(영문) 전주지방법원군산지원 2019.10.22 2019가단1072
대여금
Text

1. The Plaintiff:

A. Defendant C shall have full payment of KRW 71,622,02,023 and KRW 60,000 among them from March 5, 2019.

Reasons

1. Basic facts

A. On August 30, 2010, the Plaintiff (hereinafter “Plaintiff”) entered into a loan transaction agreement with Defendant C to grant a loan of KRW 60 million at a rate of 19% per annum on September 1, 2013 (hereinafter “instant loan transaction agreement”) or “the instant loan”). On September 1, 2010, the Plaintiff paid KRW 60 million to Defendant C with a loan agreement with a fixed rate of KRW 19% per annum.

B. As to the obligation under the instant loan transaction agreement against the Plaintiff by Defendant C, the Plaintiff entered into a comprehensive guarantee agreement with Defendant D, around August 30, 2010, under which the maximum guarantee amount is KRW 78 million, and the limited guarantee agreement with Defendant E on October 18, 2013 (hereinafter referred to as “each of the above probation guarantee agreements”) with each of the above probation guarantee agreements with each of the following parties. The settlement term under each of the instant probation guarantee agreements is not set at the settlement term, and in this case, the guarantor may designate the settlement term for the probation guarantee upon the written notification. In this case, the settlement term shall be set at 14 days after the date of the arrival of the notification, and if it falls short thereof, the settlement term shall be set at the settlement term on 14 days after the date of arrival of the notification.

b) made it available.

C. Since then, the Plaintiff and the Defendants finally extended the maturity period under the instant loan transaction agreement by December 8, 2018.

However, from July 12, 2017 to July 12, 2017, Defendant C lost a benefit due to delayed payment of interest, etc. under the loan transaction agreement of this case. The principal and interest of the loan under the loan transaction agreement of this case as of March 4, 2019 remains in KRW 11,613,160, totaling 71,622,023.

The current interest rate in arrears under the loan transaction agreement of this case is 8.93% per annum.

[Reasons for Recognition] Defendant C: the Civil Procedure Act by public notice.

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