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(영문) 서울중앙지방법원 2018.11.13 2018가단5101324
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) from June 29, 2018, for KRW 254,843,286 and KRW 118,056,824.

Reasons

1. In fact, the amount of credit classified for each transaction in the credit field, at the interest rate for delay from the expiry date of the credit extension to the expiration date, 17% per annum of less than 6.12% per annum from March 11, 2010 to March 11, 2011, and 19% per annum of less than 6.12% per annum from CD-dong loan base rate of not less than three months and 19% per annum from April 26, 2010 to April 25, 2011, respectively, of general loan 19% per annum of not less than 6.98% per annum from April 26, 2010 to April 25, 2011.

A. The Plaintiff entered into a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), and Defendant B and Nonparty C agreed to each of the following terms and conditions as follows (hereinafter referred to as “each of the instant loans”); and Defendant B and Nonparty C jointly guaranteed each of the following terms and conditions: (a) KRW 240,000,000,000; and (b) KRW 120,000,000,000,000 for the maximum guarantee amount for the second loans.

B. The principal and interest amount of each of the instant loans until February 4, 2018 are as follows, and the Plaintiff’s compensation rate for delay currently applicable is 15% per annum.

Loan 1: 123,056,824 Won 103,03,659 Won 196,06,00,000 Won 21,50,537 Won 51,50,537 Won 51,50,537 Won 124,504,196 Won 247,56,020 Won 124,504,196 Won 247,561,020

C. On May 15, 2018, the Plaintiff agreed on the repayment of debt with the content that “The repayment amount may be reduced to KRW 123,056,824 of the principal of each of the instant loans and the interest thereon shall be reduced to KRW 15,80,000,000,000 shall be paid on June 2018, and KRW 5,000,000 shall be repaid in installments from October 2018 to September 2021 (36 months) shall be completed when the said repayment plan is terminated, and the obligation shall be terminated when the said repayment plan is terminated, and the Plaintiff may terminate the repayment agreement if the payment in lump sum is overdue for at least 30 days.”

Accordingly, C paid KRW 5 million to the Plaintiff on June 28, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 6, Gap evidence 2, 3, Eul's each entry, and the purport of the whole pleadings

2. Determination

(a)the cause of the claim;

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