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(영문) 부산고등법원 2020.10.07 2020나51658
양수금
Text

Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid below shall be respectively.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a corporation engaged in various printed materials and their manufacturing and selling business, and Defendant B is the representative director of the Defendant Company.

B. On May 7, 2013, the Small and Medium Business Corporation established a loan agreement with the Defendant Company with interest rate of KRW 300,000,000 per annum and interest rate of KRW 12% per annum, and entered into a guarantee agreement with the Defendant Company (including interest, damages for delay, and other incidental obligations) with a limit of KRW 360,00,000,000 (hereinafter “instant loan agreement”) to the effect that the principal and interest of the loan shall be paid for two years and shall be paid in equal installments every three months every three years (hereinafter “instant loan agreement”). Under the instant loan agreement, the Defendant B entered into a guarantee agreement with the Small and Medium Business Corporation to guarantee all obligations (including interest, damages for delay, and other incidental obligations) currently and future owed by the Defendant Company to the Small and Medium Business Corporation (hereinafter “instant loan agreement”).

C. The main contents of the instant loan agreement and the instant loan basic terms and conditions applicable to the instant loan agreement (hereinafter “instant loan basic terms and conditions”) are as follows.

Article 6 (Duty to Pay Obligations prior to Due Date) (1) of the Framework Terms and Conditions for Loans (Obligation to Pay Obligations) If a debtor falls under any of the following causes, the debtor is obligated to pay or perform the obligations immediately because he/she has lost the benefit of all obligations due to due diligences (referring to the Small and Medium Business Corporation; hereinafter the same shall apply) even though there is no demand notice

1. If, even if a part of an obligation has arisen with respect to progress, the obligor fails to meet the time limit. (2) If the obligor falls under any of the following cases, the obligor is obliged to pay or perform as soon as he/she loses the benefit of time for all obligations with respect to progress upon the application of progress:

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