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(영문) 광주지방법원 2016.07.06 2016가단11429
대여금
Text

1. The Defendant is jointly and severally and severally with the Plaintiff as to KRW 280,885,813 and KRW 176,819,776, among them, from February 22, 2016.

Reasons

1. Basic facts

A. B, on October 24, 2007, extended the credit limit of 225,00,000 won from the Plaintiff, general fund loans for loan, date of expiration of the credit, October 24, 2008, and 8.8% per annum until the expiration date of the interest rate (Article 3(2)2 of the General Terms and Conditions for Credit Transactions) and 18% per annum (hereinafter “instant loan”), with the content that the loan was extended by August 26, 2009; (2) up to February 24, 2010; and (3) up to August 3, 2011; and (4) up to September 3, 2011; and (6) up to September 3, 2011; and (3) up to September 25, 2012; and (8) up to the expiration date of the credit extended by 30% per annum.

(hereinafter referred to as “instant additional arrangement”). B.

At the time of the instant loan, the Defendant: (a) selected the “general guarantee” within the scope of the guaranteed obligation; (b) stated the amount of the guarantee limit in KRW 292,50,000; (c) sought an explanation of the important contents of the terms and conditions of Suhyup Credit Transaction Basic Terms and Conditions; (d) sought an explanation of the transaction agreement; and (e) prepared a written guarantee signed and sealed on the column of the joint and several sureties (hereinafter “instant guarantee agreement”); and (d) drafted an additional agreement signed and sealed on the column of the joint and several sureties at the time of the instant additional agreement.

C. B and the Defendant did not pay the principal and interest of this case by March 5, 2013, which is the final repayment date. As of February 21, 2016, the principal and interest of this case remains 280,885,813 won, including a sum of KRW 176,819,76 won of the principal and interest of the loan as of February 21, 2016, and a balance of accrued interest, KRW 100,945,120, and a balance of overdue interest 3,120,917.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 10 (including all types of numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Determination:

A. According to the above facts of determination as to the plaintiff's cause of claim, the defendant shall be jointly and severally with the plaintiff as the principal debtor B, unless there are special circumstances.

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