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(영문) 서울중앙지방법원 2016.10.12 2016가합549641
대여금
Text

Defendants are jointly and severally liable to the Plaintiff for KRW 250,671,614 and KRW 19,09,022 from September 18, 2015.

Reasons

Facts of recognition

On February 20, 2008, the Plaintiff (which was the first Korea Exchange Bank, but was merged with Han Bank on September 1, 2015, and changed its trade name to Han Bank. hereinafter “Plaintiff”) entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on a fixed date as of August 2, 2008, setting the loans as a company ordinary loan for loans, credit limit of KRW 443,50,000 for loans, and credit limit of KRW 735,00,000 for loans. On the same day, Defendant B entered into a comprehensive collateral guarantee agreement with the purport that the current and future obligations against the Plaintiff of the Defendant Co., Ltd., including obligations based on the said credit transaction agreement, as of August 2, 2008.

On November 10, 2010, the Plaintiff loaned KRW 520,50,000 to Defendant Company’s general loan of loans, credit limit of KRW 520,50,00 to May 10, 201 for the credit term, and damages rate for delay to the rate determined by the Plaintiff (15% per annum as of September 17, 201) (hereinafter “the instant credit transaction agreement”) and then loaned KRW 520,50,00.

After that, the Defendant Company lost its interest due to the failure to pay the principal and interest of the loan within the time limit set by the Credit Transaction Agreement. The principal and interest of the loan under the Credit Transaction Agreement is KRW 250,671,614 as of September 17, 2015 (= Principal KRW 19,09,022 and KRW 231,572,592).

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 7, and the court below's determination as to the ground for a claim as to the purport of the entire pleadings, the defendants shall jointly and severally pay to the plaintiff damages for delay at the rate of 15% per annum, which is the overdue damages rate of 250,671,614 won based on the credit transaction agreement of this case and the principal amount of 19,09,022 won from September 18, 2015 to the date of full payment, and the defendant Eul shall be paid damages for delay at the rate of 15% per annum.

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