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(영문) 서울중앙지방법원 2016.07.21 2015가합581983
대여금 등 청구의 소
Text

1. The Defendant’s KRW 2 billion and KRW 1 billion among them shall be 11% per annum from March 29, 2014 to January 6, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company that manufactures and sells sound land, telephone, telecommunications materials, etc., and has four affiliated companies including overseas subsidiaries, and the plaintiff works as the chairperson of a business group comprised of the defendant and its affiliated companies.

B. On March 28, 2014, the Plaintiff loaned KRW 3,260,504,130 with funds to the Defendant for the repayment of loans (hereinafter “instant loan”) at the rate of 11% per annum on March 28, 2015, and on the same day, the Plaintiff loaned KRW 2.2 billion to the Defendant on the same day by setting the maturity period of repayment at 11% per annum (hereinafter “instant loan”).

C. The Plaintiff’s water guarantee and joint guarantee 1) when the Defendant obtained a loan from a financial institution, the Plaintiff completed the registration of creation of a neighboring mortgage on the real estate owned by the Plaintiff as follows. On August 8, 2012, the Plaintiff concluded an agreement with the Korea Technology Credit Guarantee Fund as follows: (a) on January 4, 2014, Defendant National Bank of Seoul, Gangnam-gu, the maximum debt amount of secured real estate; (b) KRW 2.4 billion; and (c) KRW 3.6 billion on the ground thereof, Defendant National Bank of Korea; (d) KRW 3.6 billion on January 4, 2014, 2014; and (e) KRW 45,205,60,000,000 won, Defendant National Bank of Korea (hereinafter “FF”) on November 8, 2013; and (e) concluded a joint and several guarantee agreement with each of the Defendant’s affiliated companies, as a credit guarantee fund:

(1) On October 2, 2006, G 1190,000 won (the last 640,000 won changed to September 26, 2014) G 2007. (F 1.35 billion H 1.35 billion won on June 30, 2011 (the last 1.282.5 million won changed to June 27, 201) Defendant 3, on June 29, 2012 (the last 200,000 won changed to June 27, 2014)

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