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(영문) 대구지방법원 2020.01.17 2019가단142975
대여금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 782,760,379 out of KRW 1,510,841,975 and the said money; (b) September 7, 2019.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit transaction agreement and credit card subscription agreement with Defendant B Co., Ltd. (formerly D Co., Ltd.; hereinafter “Defendant Company”), as follows, and Defendant C jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff within the following limit of collateral guarantee.

The loan interest rate (cost interest rate) of the loan (cost) on the date of the loan of the subject of the loan of the general loan (general facility interest rate) shall be 3.31% of the market-based interest rate of 3.31% (1.7% per annum) on October 16, 2012 (general facility interest rate of 850 million won) on the 3-month market interest rate of 1.31% (1.7% per annum) on the 13-month market interest rate of 120 million on the 13-month market interest rate (17% per annum) on January 10, 2013.

B. On September 15, 2014, the Plaintiff filed an application for the auction of the vessel to Busan District Court E with respect to the Defendant Company’s vessel owned by the Defendant Company in arrears.

Defendant Company was served with an original copy of the decision on commencement on September 18, 2014.

The Plaintiff received a dividend of KRW 89,853,991 on the date of distribution on March 3, 2015.

C. The plaintiff B

As of September 6, 2019, the remainder after appropriating the dividend specified in the subsection to repay the claim against the Defendant Company, shall be as follows:

(1) On August 28, 2014, 213, 313, 34, 87, 205, 205, 248, 258, 267, 48, 267, 48, 205, 205, 267, 368, 205, 258, 205, 205, 268, 365, 265, 202, 25, 208, 205, 30, 205, 205, 30, 1464, 1464, 205, 205, 205, 25, 306, 265, 305, 205, 230, 619, 706, 709, 709, 84, 2984, 298

2. Determination

A. According to the above-mentioned admitted evidence and the purport of the whole argument as to the cause of the claim, Defendant B.

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