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(영문) 서울중앙지방법원 2019.06.04 2018나60757
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a stock company engaged in banking business, and the Defendant is the representative director on March 31, 2009, taking office on March 31, 2009, retired from office on March 31, 2012, retired from office on November 24, 2014, and resigned on June 8, 2016.

B. On August 29, 2013, the Plaintiff entered into a credit transaction agreement (hereinafter “the credit transaction agreement of this case”) with C and the credit subject as “business operating ordinary loan,” “loan (limit) amount, 3,000 won,” “12 months from the date of commencement of credit,” “12 months from the date of commencement of credit period,” “change of interest rate, CD-based interest rate 3.3%,” “8% of loan interest rate under three months of delay compensation rate, 9% of loan interest rate, and 17% of “the highest delay compensation rate” (hereinafter “the credit transaction agreement of this case”).

C. In relation to the credit transaction agreement between the Plaintiff and the Defendant, the Defendant entered into a contract of collateral guarantee (hereinafter “instant contract of collateral guarantee”) which provides that the scope of the guaranteed obligation, the type of the transaction subject to guarantee, the “company driving general loan”, the maximum limit of collateral guarantee, the “goldcheon-do Won”, and the “commanship designation type” (hereinafter “instant contract of collateral guarantee”).

The damages rate for delay applicable to the instant credit transaction agreement is 7% (Peremptory 15%) in the event of less than three months from January 30, 2015 to the date, and 8% (Peremptory 15%) in the event of not less than three months.

E. The instant credit transaction agreement entered into an additional agreement on the change of credit transaction terms and conditions on three occasions, and its content is as follows:

On September 30, 2015, the borrower column of each of the above agreements, "C", joint and several sureties-dong 4.71, 4.71, 2016, as of September 30, 2016, the amount of the loan (limit) extension extension loan (limit reduction) extension extension extension extension extension extension extension extension extension extension extension extension extension extension extension extension extension extension extension extension extension extension rate of 3.54,000,000 won in KRW 3,000,000,000 won in KRW 4.71,200,000,000 won in KRW 3,000,000,000 won.

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