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(영문) 서울중앙지방법원 2014.10.08 2013가합65548
연대보증금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 700,000,000 and KRW 500,000 among them.

Reasons

1. Facts of recognition;

A. As of December 22, 2006, the loan agreement in which the borrower, the Plaintiff, and G were made to each lender, the Dog Construction Co., Ltd. (hereinafter “Y”), the Defendants, H, and I as joint and several sureties (hereinafter “instant loan agreement”). The main contents are as follows. Defendant B signed the said agreement as F’s representative member, and the borrower requested the lender to grant a loan in order to raise funds necessary for the implementation of the said project (hereinafter “the instant project”). The lender requested the lender to execute the loan agreement in accordance with the terms and conditions of the loan: (a) Defendant B signed the said agreement as the F’s representative member; (b) Defendant B signed the said agreement as the 21 parcel out of J, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the borrower made a request for the loan of KRW 15,00,000,000 in total principal to the lender; and (c) the lender requested the borrower to execute the loan agreement.

(A)The total amount of the principal of the loan agreement that the lender has agreed to lend to the borrower pursuant to this agreement shall be 15,000,000 won and the amount of the loan agreement of each lender shall be as follows:

(Article 3(1)(i) The interest rate for a loan under this Agreement of KRW 2,800,000 shall be 17% per annum on the part of the Plaintiff: (b) the interest rate for the loan under this Agreement of KRW 12,200,000; and (c) the outstanding loan shall continue to apply to the outstanding loan during the period of the loan (Article 5(1)). If the borrower fails to fully or partially pay the loan due and other obligations under this Agreement, such as the loan due, interest, or fee due and due and due and due and due, the borrower shall pay to each lender the interest for arrears calculated by applying the interest rate of KRW 18% per annum for the period from the date the due and due date arrives until the due date arrives.

(Article V(3). The Borrower bears the obligation to pay the following expenses and other money (including all taxes imposed thereon), regardless of whether or not to execute the loan under this Agreement, and the lender shall be immediately determined by the lender:

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