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(영문) 광주지방법원 목포지원 2018.08.22 2016가단53099
구상금
Text

1. Defendant B’s KRW 117,379,070 among the Plaintiff and KRW 13,281,755 among them, and KRW 104,09,097,315 among the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. The facts of recognition (1) Defendant B, on June 27, 2013, set the interest rate of 36.9% per annum from the Don Capital Loan Co., Ltd. (hereinafter “Nonindicted Company”) and received a loan of 13 million won per annum, and the Plaintiff jointly and severally guaranteed the above loan obligations.

On February 2, 2018, the Plaintiff paid the principal and interest of 13,281,755 won to the non-party company.

(2) From October 2012 to May 2016, the Plaintiff and Defendant B have continued to make a monetary transaction by receiving the card price and the fee from Defendant B after paying the Plaintiff’s travel or shopping expenses, purchase price, etc. with the credit card in the name of the Plaintiff, and then receiving the loan from Defendant B, or lending it to Defendant B by receiving the loan under the name of the Plaintiff.

In relation to this, on May 14, 2016, Defendant B prepared, but did not repay to the Plaintiff, the following: (a) the loan certificate (No. 9; hereinafter “the loan certificate of this case”)

The loan certificate

1. Loans: 104,097,315 won;

2. Date of repayment: The bank account designated by the debtor on February 28, 2017;

4. Interest: It falls under the fee due to the loan made monthly, and the obligor shall notify the creditor thereof; and

5. Time of payment of interest: To pay interest at the same time as the agreed amount monthly; and

6. Loss of benefit of time: The obligor shall lose the benefit of time if he/she fails to pay the agreed amount and interest at least once.

If a creditor requests the principal and interest even before the due date, the debtor shall, without objection, make a performance.

In addition, the debtor is responsible for the future civil and criminal litigation due to the nonperformance of the obligation to repay.

7. Agreed amounts and dates of reimbursement: The following table shall apply:

On May 20, 2016, May 30, 2016, May 20, 2016: (a) the agreed amount “A” 00 3,953,280 4,310,802 on July 30, 2016, July 30, 2016; and (b) the agreed amount “A” 17,259,90 10,44,464,31,6466,107, 983,689, total 17,259,90,909,909,409,444,464,464,310,631,6410,678,000,000 maturity; and (b) the period of repayment shall be 17,000,000.

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