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(영문) 서울중앙지방법원 2019.04.25 2018가합513783
대여금
Text

1. The defendant shall be the plaintiff.

(a) KRW 2,500,000,000 and interest rate of KRW 25% per annum from February 27, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a credit service provider under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), and the Defendant is the owner of each real estate listed in the separate sheet (hereinafter “each building of this case”).

B. In order to raise funds necessary for the new construction of each of the instant buildings, on July 25, 2017, the Defendant and C entered into a loan agreement with the Plaintiff on 12.98% per annum on the interest rate, 2.5% per annum on the overdue interest rate, 25% per annum on the due date, and 26 February 2018 on which the Plaintiff borrowed from the Plaintiff (hereinafter “instant loan agreement”), and the Defendant and C jointly and severally guaranteed the instant loan obligations, respectively.

The main contents of the instant loan agreement are as follows.

Section 1 (Purpose of this Arrangement) The purpose of this Arrangement is to ensure the successful implementation of the Project by promising the Borrower, B and C (hereinafter referred to as the "Borrower") and the Creditor A Co., Ltd. (hereinafter referred to as the "Co."), D (Representative E), joint and several sureties Co., Ltd. (hereinafter referred to as the "Joint and Several sureties"), E and F (hereinafter referred to as the "Joint and Several sureties") to enter into the Loan Agreement (hereinafter referred to as the "Agreement") on the same terms and conditions as the required funds in connection with the Project for the Project for the Construction of Taean-gun-gun, Taean-gun (hereinafter referred to as the "Co., Ltd.") and to perform contractual obligations in good faith.

(A) The Borrower shall borrow all or all of the parties to the contract as "the parties to the contract". Article 4 (Loan to the Borrower). The Borrower shall borrow a loan to the Borrower within the scope not exceeding 2.5 billion won of the target amount for project costs and construction costs, and the lender shall make a loan to the Borrower within the scope of the target amount established.

(1) The Borrower shall enter into this Agreement in the amount of KRW 1.65 billion out of the target amount.

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