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(영문) 광주지방법원 2014.12.17 2014가단31313
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

A. As to KRW 35,895,614 and KRW 30,000,00 among them, from June 21, 2014 to KRW 30,000.

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff and the Defendant Company A entered into a credit transaction agreement as follows, and the Defendant B jointly and severally guaranteed the Defendant Company’s obligation based on the said credit transaction agreement.

On January 23, 2008, 200,000 Won 260,000,000 for corporate general facilities loan of 200,000,000,000 on October 22, 2012, the agreed amount of temporary loan of 360,000 US dollars 360,000 on May 27, 2013. Corporate general facilities loan of 330,000,000 US dollars 396,00,000,000 won on June 20, 2014, the following loans remain without being repaid under each credit transaction agreement as of June 20, 2014:

The fact that the overdue interest rate for the overdue interest agreed upon to collect the outstanding principal of the loan was 30,00,000,000 won for the loan for the general facilities of a company as of January 23, 2008, 35,000 won for the loan 1,215,122 won 4,680,492 won 35,895,614 won 186,735,912 won for the general guarantee of foreign currency payment dated October 22, 2012 - 3,739,834 won, 190,475,746 won - 17% of the total guarantee of foreign currency payment as of October 22, 2012 -3,739,834 won, 190,000,000 won for the general facilities of a company as of May 27, 2013, including 3330,292,874,74

B. Therefore, the Defendants are jointly and severally liable to pay the remaining loans and damages for delay as follows to the Plaintiff.

① From June 21, 2014, which is the following day of the above base date, to November 17, 2014, the service date of the copy of the complaint in this case from June 21, 2014, to November 23, 2014, 18% per annum, and 20% per annum, which is stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment, with respect to the loans for general facilities of enterprises: Defendant B shall be paid within the scope not exceeding KRW 260,00,000, which is the limit of collateral guarantee (2) to the extent not exceeding KRW 190,475,746, and KRW 186,735,912 from the following day of the above base date.

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