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(영문) 대구지방법원 2019.09.26 2019가합205996
대여금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd and Defendant B shall be jointly and severally, and Defendant B shall not exceed the limit of KRW 240,000,000.

Reasons

1. The facts of recognition are as follows: (a) based on each entry of the Plaintiff, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”); and (b) between Defendant B, the Plaintiff and the Defendant, as well as each entry of Gap Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply); and (c) there is no dispute between the Plaintiff and the Defendant; and (d) based on the purport of each entry of Gap Nos. 1

On March 7, 2016, the Plaintiff loaned to the Defendant Company the interest rate of KRW 3.74% per annum on the interest rate of KRW 100,000,000 (variable interest rate) and interest rate of KRW 12% per annum on the basis of 3.74% per annum, and the repayment was made for two years and one month on the basis of equal installment of principal and interest during three years (hereinafter “the first loan”). The interest rate of KRW 100,000,000 per annum on August 2, 2017 was set at 3.04% per annum and the interest rate of KRW 12% per annum on the basis of two years and by one month on the basis of equal installment of principal and interest.

(hereinafter referred to as “the second loan”) b.

On March 7, 2016, and May 19, 2017, Defendant C entered into a contract of collateral guarantee with regard to the obligation to return each of the instant first loans, with the amount of the collateral guarantee amount of KRW 120,000,000. Defendant B entered into a contract of collateral guarantee with respect to the obligation to return the second loan of this case on August 2, 2017.

C. In violation of the duty to pay interest, etc., the Defendant Company lost the benefit of April 5, 2019 pursuant to Article 6 of the Loan Basic Terms and Conditions, and on May 3, 2019, the remaining loans at the time of May 3, 2019 are KRW 100,000,000, interest of KRW 3,408,937, and interest of KRW 3,408,937, and KRW 103,408,937, and interest of KRW 100,000,00, interest of KRW 3,806,238, interest of KRW 3,118,820, by subrogation, KRW 778,540, and KRW 107,703,598.

2. Determination

A. Therefore, the Defendant Company, the primary debtor, was the Plaintiff as to the instant loans of KRW 211,112,535 and the principal of said loans of KRW 200,000.

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