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(영문) 서울중앙지방법원 2018.05.04 2016가합578939
대여금 등
Text

1. The Plaintiff:

A. As to the Defendant A Co., Ltd, the amount of KRW 4,176,122,235 and KRW 4,036,90,00 among them shall be from November 3, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a loan for consumption, etc. and joint and several sureties 1) is exempt from all the indication of the Defendant A Co., Ltd. (hereinafter referred to as “Co., Ltd.”) from December 28, 2015 to June 10, 2016.

(1) The credit card loans under the monetary loan contract and credit card issuance contract (hereinafter collectively referred to as "each of the above contracts by Defendant A") have been executed with the following table (amount unit: the above contracts by Defendant A) and, in some cases, the term "each of the above contracts" is referred to as "each of the above contracts," based on the sequences set forth below.

(2) On January 21, 2016, with respect to loans secured by credit sales claims, the Plaintiff and Defendant A concluded a contract on January 21, 2016 with the credit limit of KRW 1,500,000,000, and the expiration date of the credit as of January 21, 2017. On March 21, 2016, the credit limit of KRW 2,000,000 was increased to KRW 2,00,000, and the instant contract was concluded.

3) In order to secure the claim under the instant contract, the Plaintiff and Defendant A entered into a mortgage contract on March 25, 2016, and completed the registration of creation of a collateral for each land listed in the attached Table 1, as indicated in the attached Table 1, with respect to each land, the maximum debt amount of which is KRW 3,240,000,000, and the obligor A and the Plaintiff as the mortgagee. (4) Defendant B jointly and severally guaranteed part of the loan obligations owed by Defendant A to the Plaintiff within the scope of the amount indicated in the “Guarantee Limit” column as listed in the following table.

The credit amount (limit amount) of the loan of 1 small and medium enterprise loan of 120,00,000,000 on December 18, 2015, 200 on December 11, 2016, 11, Defendant B B 120,000,009,990,000 on December 28, 2016, 101,967,920 101,967,920 on December 31, 205,000,000,000,000 on December 30, 305, 200,000,000 on December 30, 305, 200, 120,000,000,000,000,000, 37,631, 3637, 301, 306, 316, 20136.

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