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(영문) 서울중앙지방법원 2018.06.19 2018가단9324
대여금등
Text

1. The defendant shall pay to the plaintiff the amount of KRW 52,80,983 and KRW 49,517,147 from September 8, 2017 to the date of full payment.

Reasons

1. Basic facts

A. A. The E’s credit transaction agreement and the Defendant’s joint and several sureties Co., Ltd.’s joint and several sureties Co., Ltd. entered into a credit transaction agreement with E (hereinafter “Nonindicted Co., Ltd.”) on January 20, 2012 with the credit limit amount of KRW 200 million, the extension period of 12 months, fixed interest rate of 3.08%, and overdue interest rate of which are set at the overdue interest rate as determined by the Plaintiff, and the Defendant, who was in the position of the representative director of the Nonparty Co., Ltd., carried out a limited collateral guarantee that imposes joint and several sureties liability for future principal and interest arising from the said credit transaction agreement up to KRW 240,00,00.

Since then, the non-party company has renewed the above credit transaction agreement every year by 2016, and the defendant has also renewed the above limited credit transaction agreement every time the above credit transaction agreement is renewed.

From January 30, 2015, the overdue interest rate determined by the Plaintiff is 7% (15%) with a normal interest rate of less than three months (15%) and 8% (15% with a normal interest rate of not less than three months) with a normal interest rate of not less than three months.

The amount of the principal and interest payable as of September 7, 2017 due to the arrears of the principal and interest of the company after June 16, 2016 is KRW 156,856,781 (total principal KRW 140,000,000 and delay damages). The interest rate applicable thereto is 15% per annum.

B. The Defendant, on February 2, 2016, entered into a “workplace preferential credit loan agreement” with the Plaintiff, and 50,000,000 won from the Plaintiff was granted a loan by setting the lending period of 12 months, interest rate of 3 months, CD circulation profit rate of 2.7%, and overdue interest rate of the Plaintiff. As of September 7, 2017, the amount of the principal and interest of the above credit loan as of September 7, 2017 is KRW 52,80,983 (principal principal and interest amount of KRW 49,517,147, interest rate of KRW 3,283,836). The overdue interest rate determined by the Plaintiff is as seen earlier.

C. The defendant's notification of the retirement of the representative director and the termination of the continuing guarantee agreement shall be concurrently a major shareholder of the non-party company at the time of providing the above limited continuing guarantee.

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