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(영문) 수원지방법원안산지원 2017.06.28 2017가단2601
대출금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 913,671,876 and KRW 911,068,000 among them, from January 7, 2017.

Reasons

1. Determination as to the cause of claim

A. The following facts may be acknowledged in light of the overall purport of the pleadings in each of Gap evidence 1-2, Gap evidence 2-1 through 3, Gap evidence 3-1 through 6, Gap evidence 4-1 through 4, Gap evidence 5, Gap evidence 6-1, 2, Gap evidence 7, Gap evidence 9-1 through 9, and Gap evidence 11, and there is no counter-proof.

(1) On October 17, 2016, the Plaintiff entered into an agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the limit of loans with the Plaintiff to lend business funds to the Defendant Co., Ltd within the limit of KRW 1 billion (hereinafter “instant loan agreement”) for a period from October 17, 2016 to October 17, 2017 on the condition that the Defendant Co., Ltd provides freezing meat in the freezing storage as collateral. The Plaintiff jointly and severally guaranteed the Defendant Co., Ltd.’s obligation to the Plaintiff under the instant loan agreement.

(2) According to the instant loan agreement, interest rate shall be 8.7% per annum, and the interest rate for delay shall be 19% per annum, and the basic terms and conditions for credit transactions shall apply. Article 8(1)8 of the Credit Terms and Conditions provide that an obligor shall immediately lose the benefit of all obligations owed to the Plaintiff when “when any false, altered, or intentionally submitting false or defective materials concerning credit transactions causes serious losses to the Plaintiff’s preservation of claims” (Article 8(1)8 of the Credit Terms and Conditions). Article 8(3)1 of the same Act provides that the obligor shall lose the benefit of all obligations owed to the Plaintiff when “if any one of several obligations owed to the Plaintiff fails to meet the due date.”

(3) Based on the instant loan agreement, the Defendant Company receives loans of KRW 2.1 million from the Plaintiff, KRW 269 million on July 25, 2016, KRW 200 million on September 30, 2016, KRW 88 million on October 25, 2016, KRW 200 million on November 10, 2016, KRW 65 million on November 10, 2016, KRW 14 million on November 15, 2016, respectively.

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