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(영문) 광주지방법원 2020.05.13 2020가단1429
대여금
Text

1. The Plaintiff:

A. Defendant B, as to KRW 226,319,286 and KRW 142,00,000 among them, shall begin with January 16, 2020.

Reasons

Basic Facts

On August 30, 2013, the Plaintiff entered into a credit transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on a credit-based general loan, credit limit of 150,000,000 won, credit limit of 3 months from August 30, 2014, with 4.24.% of interest rate of 3 months from the expiration date of the credit period, 8% of interest rate of loan in cases of less than three months, and 9% of interest rate of loan in cases of more than three months (17% of maximum compensation rate of 174,00,000 won in the nearest guarantee limit of 174,00,000 won. The credit transaction agreement changed three times thereafter, and finally changed the credit limit of 142,00,000 won, and 29% of the expiration date of the credit period to a fixed interest rate of 19% on February 29, 2016.

The Defendant Company lost its interest by failing to repay the above loan obligation after the expiration of the credit period. On January 15, 2020, as of January 15, 2020, the principal of the above loan obligation is 142,00,000 won, and the interest or interest interest in arrears remains in total of 84,319,286 won, and the Plaintiff’s maximum compensation rate for delay from December 8, 2017 to December 15, 2017 is 26,319,286 won.

The deceased G died on May 28, 2017, and there are wife Defendant C, Defendant D, E, and F.

On the other hand, on August 16, 2017, Defendant C, D, E, and F filed a petition for a trial on limited recognition of inheritance with the Jeonju District Court’s Seoul District Court’s branch court’s 2017-Mano-Ma529, and received a decision on the limited recognition of inheritance from the above court on November 13, 2017, and the said decision became final and conclusive around that time.

[Ground of recognition] Regarding Defendant Company: (a) according to the fact that there is no dispute as to Defendant C, D, E, and F; (b) the fact that there is no dispute as to the grounds for the claims as stated in the evidence Nos. 1 through 4; (c) and the evidence Nos. 1; and (d) the fact that there is a ground for the claims as stated in the evidence No. 1, No. 226,319,286 as the principal and interest of Defendant Company B; and (c) the principal and interest of Defendant Company B. 142.

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