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(영문) 서울중앙지방법원 2020.10.27 2020가단5026327
대여금
Text

1. As to the Intervenor’s Intervenor’s Intervenor’s KRW 884,276,51 and KRW 643,66,667 among them, the Defendant shall start from December 11, 2019.

Reasons

1. Basic facts

A. On June 22, 2017, D Co., Ltd.: (a) concluded a loan agreement with a limited liability company F (hereinafter “instant borrower”) to obtain a loan of KRW 8.5 billion (hereinafter “instant loan agreement”); (b) the interest rate on the loan is 9% per annum; and (c) the borrower agreed to pay the lender damages for delay the amount calculated by applying the overdue interest rate pursuant to the internal standards of each lender within the limit of 25% per annum to the amount of delay, if it fails to repay the principal and interest due to the due date; (d) the overdue interest rate of the Plaintiff’s internal standards is 12% per annum.

On the other hand, the defendant guaranteed the above loan obligations of the borrower of this case on the same day.

B. According to the instant loan agreement, the Plaintiff agreed to lend KRW 2 billion to the borrower in the position of G trust business entity. On June 27, 2017, the Plaintiff implemented a loan by depositing KRW 2 billion in the loan deposit account specified by the borrower.

C. The borrower did not pay interest on loans twice until October 30, 2018. On October 30, 2018, the Plaintiff notified all joint and several sureties, including the debtor and the defendant, of the fact that it would be expected to commence legal procedures for the loss of interest and the recovery of loans.

On the other hand, D Co., Ltd. concluded a trust agreement with H Co., Ltd. for the stable performance of the instant project on June 22, 2017. According to Article 26 of the said trust agreement, when the trustee determines that the instant project is unable to proceed normally, D may dispose of the site for the project, which is the object of trust.

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