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(영문) 서울중앙지방법원 2016.02.17 2015가합506432
차관융자금반환 청구
Text

1. The defendant is a co-defendant C within the scope of the property inherited from the deceased B, and the co-defendant C before the separation of pleadings.

Reasons

1. Basic facts

A. On December 1, 1981, the Plaintiff re-transfered a loan borrowed from the Japanese Foreign Economic Cooperation Fund (OECF) to C. On November 1, 1993, the Plaintiff concluded a re-lease contract (hereinafter “instant re-lease contract”) with the following terms and conditions on the grounds of a change in the name of C on November 1, 1993. On October 27, 1993, B, the representative of C, guaranteed the principal and interest obligation of C with respect to the Plaintiff.

1) From February 198 to February 2, 2006, C shall repay to the Plaintiff a total of 37 times in installments the sum of 376,106,093 UN on February 1, 198 and August 8, 2006. 2) The repayment obligation of C against the Plaintiff is determined to be converted into the Korean won by applying the rate of sales of the customer telegraph exchange for Japan notified by the Korea Exchange Bank at the time of each repayment to each repayment obligation. C shall reimburse the Plaintiff of the Korean won converted into the Korean won.

3) Where C fails to repay the pertinent amount to the Plaintiff by the due date of repayment, it shall pay the principal and interest on the re-payment before the due date plus 7% interest calculated at the rate of 4% per annum from the date of repayment to the date of actual repayment. 4) C shall pay to the Plaintiff the interest calculated at the rate of 4% per annum on the balance of the principal outstanding to the Plaintiff, and shall also pay the management fees calculated at the rate of 0.05% on the relevant amount paid every payment date with respect to the principal repaid as set forth in paragraph 2 above, arrears as set forth in paragraph 3

5 C When the obligations under this Agreement are not fulfilled, the plaintiff may recover the balance of the principal and interest of the sub-lease or claim compensation for damages incurred therefrom, and in such cases, C shall comply with it without delay.

B. Since then C did not repay the principal and interest of the sub-lease under the instant sub-lease contract, the Plaintiff filed a lawsuit against C and B against C and B for the claim for the return of a loan borrowed by the Seoul Central District Court 2005Kahap1072, and the said court is jointly and severally between C and B on July 29, 2005.

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