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(영문) 창원지방법원마산지원 2016.03.31 2015가단7636
대여금
Text

1. As to KRW 691,896,490 among the Plaintiff and KRW 291,136,235 among the Plaintiff, Defendant U.S. Co., Ltd., Ltd., from September 2, 2015 to September 2, 2015.

Reasons

1. The Plaintiff: (a) loaned KRW 400,00,000 to Defendant U.S. Co., Ltd. on October 29, 2009; (b) the repayment period was set on October 29, 201; and (c) the interest rate was set at a floating rate; (d) the repayment period was set at January 11, 201, while lending KRW 100,000,000 on January 11, 2010; (c) the interest rate was set at a floating rate; and (d) the Defendant A jointly and severally guaranteed the Defendant U.S.’s obligations arising from each of the above loans within the limit of KRW 650,00,000.

After that, the Defendant Corporation did not pay interest on each of the above loans, thereby losing the benefit of time. As of September 1, 2015, the interest on each of the above loans was 691,896,490 won, and the interest on outstanding loans was 291,136,235 won.

On the other hand, the agreed interest rate for delay under each of the above loan agreements is 18% per annum.

Therefore, the Plaintiff sought payment of KRW 691,896,490 and KRW 291,136,235 from September 2, 2015 to December 5, 2015, based on the annual interest rate of KRW 18% per annum, and the annual interest rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the date of full payment, to the Defendant A, respectively.

2. Judgment on deemed confession (Articles 208 (3) and 150 (3) of the Civil Procedure Act);

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