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(영문) 서울중앙지방법원 2017.11.15 2017가단26636
대여금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 278,946,436, and Defendant A with respect thereto from April 11, 2017, and Defendant B.

Reasons

1. Facts of recognition;

A. On June 13, 2007, the Plaintiff (former Switzerland Mutual Savings Bank: hereinafter “Defendant A”) extended KRW 3.8 billion to Defendant A Co., Ltd. (hereinafter “Defendant A”), at 11% per annum, and at 24% per annum (where the principal and interest on the repayment of interest in installments is not paid on the given date, compensation for delay shall be paid as to the amount to be paid, and where the interest on the repayment of interest in installments has lost the due date, compensation for delay shall be paid as to the balance of the credit from the time when the due date has lost the due date). The loan was made on June 13, 2008 (hereinafter “the loan in this case”). Defendant B, C, D, and E included the debt of the loan in this case, and thereafter, Defendant A bears all debt obligations (including interest, delay, and other incidental debt), such as joint and several surety (including general guarantee, general guarantee period, 5.7 billion won per annum, and designation of future settlement term).

B. The Defendant A delayed the payment of interest on the instant loan, thereby losing the benefit of February 13, 2008, and the Plaintiff filed an application for a voluntary auction of real estate on May 23, 2008 with the Cheongju District Court Jeju District Court SupportF for the real estate owned by the Defendant B.

C. The Plaintiff received dividends of 4,352,863,024 won on December 15, 2008 and received dividends of 3.8 billion won, and 850,593,340 won = (i) interest rate of 11% per annum from December 13, 2007 to January 12, 208; (ii) interest rate of 35,501,370 won; and (iii) interest rate of 24% per annum from January 13, 2008 to December 14, 208 to 208; and (iv) interest rate of 204.4% per annum from 24% per annum from December 13, 2008 to 204; and (v) interest rate of 43,368,368,084 won per annum; and (v) interest rate of 204% per annum from December 13, 2008 to 2015.

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