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(영문) 대전지방법원 2016.11.23 2016가합105064
대여금
Text

1. The defendant shall be the plaintiff.

A. 293,393,936 within the scope of KRW 315,00,00 and 265,295,378 among them

Reasons

1. Facts of recognition;

A. The Plaintiff lent money to B Co., Ltd. (hereinafter “B”) twice as shown below [Attachment 1].

(1) “The loan” refers to the loan of this case, and each individual loan of this case is 30,00,000 won for the loan of the loan of this case on March 27, 2013 at the rate of interest rate from March 29, 2013 to March 28, 2016: 3.61% per annum: 12% per annum; 2% per annum; 300,000,000 won for the loan of the loan of this case on February 21, 2014 to 30,00,000 won for the loan of the loan of this case on March 27, 2013; 3.61% per annum; 3.61% per annum; 12% per annum; 20% per annum for the loan of this case on February 21, 2014 to 30,000 won for the loan of this case;

B. The Defendant was appointed as the representative director of B on July 10, 2014.

On July 25, 2014, the defendant, as the representative director B, set the debt of the first loan as KRW 315,000,000, and set the debt of the second loan as the collateral guarantee limit at KRW 360,000,000, respectively.

C. At the time of the instant loan, B, if the principal and interest of the installment repayment was not paid at the due date, immediately paid damages for delay on the amount to be paid, and even if B loses its benefit due, he shall pay damages for delay on the balance from that time.

B, from April 28, 2015 to May 15, 2015, with respect to the second loan, delayed the performance of the obligation to repay the principal and interest on the second loan from May 15, 2015, and the benefit of August 18, 2015 was lost.

E. The remaining principal and interest, etc. of the instant loan, including damages for delay incurred by June 19, 2016, are as listed below [Attachment 2].

(1) The remaining principal: (1) The interest remaining after the division; (2) the interest accrued; (1) the interest accrued in arrears; (2) the total amount of debt : (1) the interest accrued in arrears + (2) the 2,795,378 Won 265,295,378 Won 28,095,58 Won 293,393,93,93,936 won.

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