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(영문) 서울고등법원 2015.07.22 2014나52133
연대보증금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. In fact, the borrower requested the lender to grant a loan of KRW 15,00,000 in total amount to the lender in order to raise funds necessary to carry out the construction and sale projects of the K shop in the lot outside of J of J of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”). The lender decided to execute the loan requested by the borrower under the terms and conditions of this Agreement.

(A)The total amount of the principal of the loan agreement that the lender has agreed to lend to the borrower pursuant to this agreement shall be 15,000,000 won and the amount of the loan agreement of each lender shall be as follows:

(Article 3(1)(i) The interest rate for a loan under this Agreement of KRW 2,800,000 shall be 17% per annum on the part of the Plaintiff: (b) the interest rate for the loan under this Agreement of KRW 12,200,000; and (c) the outstanding loan shall continue to apply to the outstanding loan during the period of the loan (Article 5(1)). If the borrower fails to fully or partially pay the loan due and other obligations under this Agreement, such as the loan due, interest, or fee due and due and due and due and due, the borrower shall pay to each lender the interest for arrears calculated by applying the interest rate of KRW 18% per annum for the period from the date the due and due date arrives until the due date arrives.

(Article V(3). The borrower shall bear the obligation to pay the following expenses and other money (including all taxes imposed thereon) regardless of whether or not the lender has performed the loan under this Agreement, and shall pay as soon as the lender claims, in such a manner as may be determined by the lender:

(A) section 5(4)(m) . (m.) . (m.) ? ? all the amounts including all the expenses required to establish, maintain, and implement any security relating to loan transactions under this Agreement, and all the expenses incurred by the lender, including fees and all the legal procedural expenses incurred in the collection of loans and other amounts to be paid in connection with loan transactions under this Agreement.

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