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(영문) 부산지방법원동부지원 2016.09.02 2015가합104854
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the interest rate of KRW 15% per annum from December 15, 2014 to the date of full payment.

Reasons

1. Basic facts

A. From March 28, 2008 to March 9, 2009, the Defendant is a person who served as a director of a stock company B (hereinafter “B”) established for the purpose of retail business, etc. of aggregate.

B. B, on August 24, 2007, borrowed 3,400,000 won of general funds from ADK Mutual Savings Bank (hereinafter “HK Bank”) at the interest rate of 10% per annum, the expiration date of the credit, August 24, 2008, the maximum annual rate of damages for delay, the maximum annual rate of 25% per annum, and the method of repayment with the intent to repay the entire amount on the expiration date of the credit period.

(B) On August 24, 2007, as security for the loan contract of this case, B completed the registration of creation of a mortgage (hereinafter “mortgage of this case”) with respect to each real estate listed in the separate list No. B owned by the representative director C and B as of August 24, 2007 as collateral for the loan contract of this case, the maximum debt amount is KRW 4,420,000,000, and the debtor’s establishment of a mortgage (hereinafter “mortgage No. 1”).

C. Meanwhile, on April 23, 2008, the defendant held office as director of B on March 28, 2008, and held office with HK bank as principal debtor B on April 23, 2008.

Along with the joint and several obligations of a port, a limited contract for guaranteeing the amount of KRW 4,420,000 (hereinafter “instant contract for guarantee”) was concluded. D.

1) B prepared, from August 24, 2008 to August 24, 2009, an application for the change of credit conditions with the term of validity of the credit under the instant loan contract from August 24, 2008 to August 24, 2009, and the Defendant signed and sealed the application form for the change of the interest rate from 10% per annum to 14% per annum, and the Defendant signed and sealed it on the column for joint and several sureties joint and several sureties. In addition, B prepared an application for the change of credit conditions with the content that the term of validity of the credit under the instant loan contract between HK bank and HK bank from August 24, 2009 to August 24, 2010, and the interest rate from 14% per annum to 13.5% per annum.

E. On the other hand, B is the HK Bank on March 15, 201.

Samsung Home Co., Ltd. is owned by Samsung Home Co., Ltd in order to secure the obligations of loans under the port credit transaction agreement.

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