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(영문) 서울동부지방법원 2016.04.29 2015가단21289
보증채무금등
Text

1. The Defendant’s KRW 1,042,145,877 within the limit of KRW 1,131,00,000 and KRW 846,00,00 among the Plaintiff and the Plaintiff’s KRW 846,00.

Reasons

1. Basic facts

A. On June 30, 2010, the non-party social welfare foundationB (hereinafter “the instant legal entity”) prepared a loan transaction agreement with the Plaintiff for corporate use on June 30, 201 and added the loan maturity rate to the interest rate fluctuation rate (Mor 2.8%), the interest rate for overdue interest rate to 8% per annum at the time when the overdue interest rate is less than one month from the date of overdue interest under Article 3(1) of the loan transaction agreement for corporate use, 9% per annum at the time when the overdue interest rate is less than one month from the date of overdue interest, 9% per annum at the time when the period between one month and three months is less than three months, and 10% per annum at the end of not less than three months (6.18% per annum until June 29, 2013, and from June 30, 2013 to the rate of delay interest rate of 6.15% per annum). The agreement agreed to apply the loan from the Plaintiff’s general facility loan to 800,0000 won per annum.

(hereinafter referred to as the “instant loan contract”) b.

The defendant is the representative of the corporation of this case. On June 2010, the defendant signed and sealed the comprehensive collateral security (in the event that the future period for settlement of accounts for settlement of accounts for settlement of accounts for settlement of accounts for settlement of accounts for settlement of accounts for settlement of accounts for settlement of accounts for settlement of accounts for settlement of accounts, the guarantor may designate the period for settlement of accounts for settlement of accounts for settlement of accounts for settlement by written notification after the lapse of three years from the date of the guarantee agreement, but the period for settlement of accounts for settlement of accounts for settlement of accounts for settlement of accounts shall be 14 days from the date of arrival of notification, and if it falls short thereof, the period for settlement of accounts shall be 14 days from the date of arrival

C. Although the maturity date of the instant loan agreement was extended on several occasions, and the last maturity date on August 1, 2013, the instant corporation did not pay the balance of KRW 846,00,000, attempted interest and overdue interest.

Accordingly, the plaintiff filed a lawsuit against the corporation of this case to the Seoul Eastern District Court as Seoul Eastern District Court 2014Gahap100205, such as requesting the implementation of the procedure for applying for disposition of fundamental property as social welfare foundation, and the above court related to the plaintiff

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