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(영문) 대전지방법원 2018.12.13 2018가합105365
동산인도.대여금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 290,441,701 and KRW 290,000 among them, from August 27, 2017.

Reasons

1. Facts of recognition;

A. On April 21, 2016, the Plaintiff entered into each of the following loan agreements (hereinafter “each of the instant loan agreements”) with Defendant A Co., Ltd. (hereinafter “Defendant A”).

On the other hand, the interest rate and damages for delay stipulated in each of the loan agreements of this case were changed to 2.7% per annum on September 29, 2016 and 10% per annum.

The interest rate (transfer interest rate) interest rate of the loan of the borrowed subject subject of separate loan (transfer interest rate) 50,000,000 per annum of 2.47% per annum of 2.47% per annum of 2.47% per annum of 26.26. 04. 240,000,000

B. On April 21, 2016, in order to secure each of the loans obligations under each of the instant loan agreements (hereinafter “each of the loans obligations of this case”), the Plaintiff entered into a security transfer agreement with Defendant A, setting the maximum amount of security as KRW 288,00,000 (hereinafter “instant security transfer agreement”) regarding each of the loans obligations of this case, and entered into each of the joint and several guarantee agreements with Defendant B, which covers each of the loans obligations of this case as the guaranteed obligation.

C. However, Defendant A, on September 27, 2017, did not pay the interest agreed upon for the repayment of each of the obligations of the instant loans from August 27, 2017 to September 26, 2017, thereby losing the interest of the time limit as stipulated in each of the instant loan agreements.

As above, when the Defendant delayed the repayment of each of the instant loans, the Plaintiff sought delivery of the instant transferred security property to Defendant A for the execution of the instant transferred security right as stipulated in the instant transferred security agreement, but the Defendant A, without delivering it, has continuously occupied and used it until the date of closing argument in the instant case.

E. In addition, the Plaintiff paid KRW 441,701 at its own expense, when executing provisional seizure to preserve each of the loans of this case ( Daejeon District Court 2017Kadan52681), and each of the instant loans of this case.

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