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(영문) 전주지방법원 2018.09.13 2017가합4156
대여금 등
Text

1. The defendant shall be the plaintiff.

(a) with respect to KRW 479,287,298 and its 475,862,070, within the scope of KRW 720,000;

Reasons

1. Facts of recognition;

A. On September 30, 2016, the Plaintiff entered into a credit transaction agreement with C Co., Ltd. with a fixed amount of KRW 600 million, market interest rate of KRW 4.91%, interest rate of KRW 15% per annum, delay damages, and May 30, 2019. The Defendant guaranteed the loan transaction agreement with the guarantee of KRW 720 million.

C did not pay interest under a credit transaction agreement, thereby losing the benefit of time. C as of August 10, 2017, as of August 10, 2017, bears the Plaintiff’s obligation of KRW 479,287,298 (=interest of KRW 475,862,070 on the loaned principal).

B. On September 30, 2016, the Plaintiff entered into a credit transaction agreement with C Co., Ltd. with a fixed amount of KRW 2 billion, market interest rate of KRW 2.91%, interest rate of KRW 2.91% per annum, delay damages, and May 12, 2017. The Defendant guaranteed the loan transaction agreement by guaranteeing KRW 360 million.

C did not pay the interest under the above L/C credit transaction agreement, thereby losing the benefit of time, and C, as of August 10, 2017, bears the obligation of KRW 310,055,814 (= interest of KRW 10,055,814) to the Plaintiff as of August 10, 2017.

C. On July 22, 2016, the Plaintiff entered into a credit card product and service use contract (credit card number D and card number E) with C Co., Ltd., and the Defendant guaranteed KRW 1,6320,000 with the guarantee of KRW 1,6320,00, respectively.

C A. As of August 10, 2017, Co., Ltd. lost the benefit of time due to the delay in payment of the credit card fee under each of the above contracts, C. as of August 10, 2017, bears the Plaintiff’s obligation of KRW 13,609,314 under each of the above contracts (i.e., the purchase price of goods 13.6 million).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, Defendant B is the defendant C's.

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