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(영문) 수원지방법원여주지원 2019.09.26 2019가단2027
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 61,00,000 as well as the annual interest rate from January 15, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 5, 2012, Defendant D entered into an agreement with the Plaintiff on June 8, 201 with respect to interest rate of KRW 2,420,00,000 per annum, and on March 5, 2014, that the said Defendant would obtain a general limit transaction loan (hereinafter “instant agreement”). Defendant C signed and sealed the said loan obligation as a joint guarantor.

B. On March 6, 2014, Defendant D drafted a general-limit loan transaction postponement agreement (hereinafter “the instant first extension agreement”) with the Plaintiff on the following: (a) interest rate of KRW 1,572,279,780 per annum; (b) 6% per annum; (c) 8% per annum within 30 days in arrears; (d) 30 days in arrears and 90 days in arrears; and (e) 8.5% in arrears and 9% in arrears; and (e) the repayment date is delayed by March 5, 2015; and (c) Defendant C signed and sealed the instant first extension agreement as a joint and several surety.

C. On March 5, 2015, Defendant D drafted an agreement on the second extension of the transaction of loans with general limit (hereinafter “instant second extension agreement”) with the effect that the repayment date shall be postponed by March 5, 2016 between the Plaintiff and the Plaintiff by adding 6% per annum to 706,081,05 won, 8% per annum within 30 days in arrears, 30 days in arrears, 8.5% in arrears to 90 days in arrears, and 9% in arrears, and the repayment date shall be postponed by March 5, 2016. Defendant C signed and sealed the said loan obligations as joint and several guarantors.

On March 10, 2016, Defendant D entered into a loan transaction extension agreement (hereinafter “instant third extension agreement”) with the Plaintiff to the extent that: (a) interest rate of KRW 706,081,055 is 5.5% per annum; (b) interest rate of KRW 30,081,05 per annum; (c) interest rate of KRW 8.5% per annum within 30,000 per annum; (d) interest rate of KRW 30,000 and KRW 8.5% within 90,000 per annum; and (e) interest rate of KRW 90,000 per annum; and (e) repayment date is extended by March 5, 2017; (e)

E. Part on 706,081,055 of the above loans.

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