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(영문) 수원지방법원 2015.06.18 2014가합73049
대여금
Text

1. The defendant shall pay to the plaintiff succeeding intervenor A KRW 58,446,907, and to the plaintiff succeeding intervenor B KRW 12,705,849 and each of them.

Reasons

1. Facts of recognition;

A. A. Around May 29, 2008, D borrowed 400,000,000 won from the Plaintiff from June 3, 2008 to June 3, 2009; the interest rate of 8.35% per annum; and the interest rate of 8.35% per annum; and the interest rate of 20% per annum per annum (hereinafter “the instant loan”); and the Defendant jointly and severally guaranteed 480,000,000, interest rate of 8.35% per annum with respect to the instant loan obligations (hereinafter “joint and several surety agreement”); thereafter, the loan period of this case was extended by June 3, 2010.

B. On June 3, 2008, the Plaintiff completed the registration of creation of a mortgage with respect to the land and land E, F forest, and G forest in Ansan-si, the maximum debt amount of which is KRW 560,000,000, in order to secure the loan obligation of this case.

(hereinafter “instant collateral security”). C.

D) Around June 14, 2010, to extend the term of the instant loan by the end of June 3, 2011, D entered into an additional agreement on default (hereinafter “instant additional agreement”) with the purport that “The delayed compensation rate shall be applied differently from the agreed interest rate by the agreed interest rate by the period in arrears, but if the delayed compensation rate is less than the minimum (18 per annum) rate by the agreed interest rate by the period in arrears, the highest rate shall apply, and if the rate exceeds the highest (20 per annum per annum), the additional rate by the period in arrears shall be applied. The additional rate by the period in arrears shall be 9% per annum if the period in arrears is less than one month from the date in arrears, 10% per annum if the period in arrears is less than one month from the date in arrears, 10% per annum if the period in arrears is more than three months, and 3 months or more per annum, and any change in the interest rate, time and method of delay, etc. shall be in accordance with the basic terms and conditions for transactions.”

D from June 14, 2010 to June 14, 2010, as the interest on the instant loan was overdue and lost the benefit of time, there was a voluntary decision to commence the auction to the Suwon District Court H on January 11, 201 upon the Plaintiff’s application.

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