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(영문) 서울중앙지방법원 2018.08.27 2017가단5184674
대여금
Text

1. The Plaintiff:

A. As to KRW 986,190,933 and KRW 955,00,000 among them, Defendant A Co., Ltd. shall start from August 18, 2017.

Reasons

1. Determination as to the cause of claim

A. 1) On March 29, 2013, the Plaintiff: (a) on March 29, 2013, the original trade name of Defendant A Co., Ltd. was D; and (b) was changed to the trade name as of February 4, 2016 (hereinafter “Defendant Company”).

(C) A loan of KRW 1,00,000 per annum 7.5% per annum, 25% per annum, 29% per annum, and 29 March 29, 2014 at maturity (hereinafter “instant loan”).

Defendant C and Defendant B, the representative director of the Defendant Company, at the time, were Defendant C and Defendant B, the same day, set the limit for the guarantee of good-time service as KRW 1,300,000,00 and the settlement term for good-time service, in a future-designated type, and jointly and severally guaranteed the Defendant Company’s loan obligations against the Plaintiff (hereinafter “instant joint

(2) At the time of the instant loan, the Plaintiff and the Defendants concluded an additional agreement with the effect that “if the time limit for the instant loan arrives, it would meet the requirements for extension pursuant to the Plaintiff’s internal rules, it would automatically extend the extended period within the scope determined by the Plaintiff without preparing a separate application for modification of the said conditions.” (hereinafter “instant additional agreement”).

3) Under the above additional agreement, the Plaintiff extended the maturity of the instant loan several times, and the Defendant Company repaid part of the loan. On February 28, 2017, the Plaintiff and the Defendant Company decided to extend the maturity of KRW 960,000,000 to February 28, 2018 but to pay KRW 5,000,00 per month. (4) The Defendant Company began to delay payment of the principal and interest of KRW 5,00,000, which was agreed to pay on April 20, 2017. As of August 17, 2017, the Plaintiff and the Defendant Company lost its interest of KRW 95,00,00,000, interest of KRW 29,072,433, interest of KRW 218,50,00, interest of the instant loan that was not paid by the Defendant Company as of February 28, 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the above facts of determination, the Plaintiff is the Defendant.

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