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Reasons
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(영문) 서울중앙지방법원 2019.06.25 2018가단5048539
대여금 및 신용카드이용대금
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1. The defendant shall be the plaintiff.

(a)payment of KRW 600,000,000;

B. From October 27, 2017, KRW 166,476,980 and its related thereto.

Reasons

1. Facts of recognition;

A. 1) On November 1, 2012, the Plaintiff Company D (hereinafter “D”)

) 500,000,000 won was extended to November 1, 2013 (after this, until November 1, 2017), interest MOR base rate of 5.04%, and due date of repayment of 500,000 won.

)A loan (hereinafter referred to as “instant first loan”) made in a fixed manner.

(2) On April 30, 2013, the Defendant jointly and severally guaranteed the debt amount of D based on the instant loan No. 1, up to KRW 300,00,000. (2) The Plaintiff: (a) on April 30, 2013, the Plaintiff set a loan as KRW 500,000,000; (b) interest MOR base interest rate of KRW 4.12%; and (c) on October 30, 2013 (up to April 30, 2017) (hereinafter “instant loan No. 2”); and (d) the Defendant jointly and severally guaranteed the debt amount of D based on the instant loan No. 2 to KRW 300,00,00.

3) On April 30, 2015, the Plaintiff extended a loan of KRW 500,000,000 to D, interest MOR base rate of KRW 4.45%, due date for payment on April 30, 2018 (hereinafter “instant third loan”).

(2) The Defendant jointly and severally guaranteed the debt of D based on the instant loan 300,000,000 won. (B) as of October 26, 2017, D lost the benefit of time due to delinquency in paying the principal and interest of each of the instant loans, and as of October 26, 2017, the first loan of this case was KRW 528,198,932 (i.e., principal and interest KRW 500,00,000,000), and the second loan of this case was KRW 425,306,515 (i.e., principal and interest KRW 400,726,220 interest KRW 24,580,295), and the third loan of this case contains interest and interest KRW 175,132,016 (i.e., principal and interest KRW 16,476,980,80,000).

2. According to the above facts of determination, the Defendant paid KRW 30,00,00,00, out of KRW 528,198,932, the principal and interest of the instant loan No. 1; KRW 300,00,00, out of KRW 425,306,515, the principal and interest of the instant loan No. 2; and KRW 166,476,980, the principal and interest of the instant loan No. 3 as sought by the Plaintiff; and KRW 166,476,980, and its payment from October 27, 2017.

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