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(영문) 광주지방법원 2021.03.18 2020가합54154
양수금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from March 17, 2020, as to KRW 477,217,774 and KRW 300,000 among them.

Reasons

1. Determination as to the claim against Defendant E 1: (a) The F Co., Ltd. (as of December 30, 2005, the trade name was “F”, but as of September 28, 2010, the trade name was changed to “J”, “B” again on February 9, 2012, and “I” again on January 18, 2021.

hereinafter referred to as “F”).

On December 30, 2005, Defendant B Co., Ltd. (as of December 30, 2005, the trade name was “C Co., Ltd.” but registered as “B Co., Ltd.” on April 18, 2006.

Defendant B (hereinafter referred to as “Defendant B”).

I concluded a credit transaction agreement with the following contents (hereinafter “the loan agreement of this case”).

On December 30, 2006, Defendant D, and Defendant E, on December 30, 2005, jointly and severally guaranteed the obligation under the instant loan agreement to Defendant B with respect to Defendant B, within the limit of collateral guarantee (hereinafter “joint and severally guaranteed guarantee agreement”) with a maximum of 12% per annum until the expiration date of the credit term of KRW 4.9 billion for each transaction on December 30, 2006, by December 30, 2006.

3) At any time before June 30, 2006, F entered into an agreement with the Defendants to change the interest rate, etc. under the instant loan agreement to October 30, 2006, to 13% per annum, the expiration date of the credit period, 9% per annum on December 29, 2006, and the expiration date of the credit period to January 31, 2007 (this is concluded after October 30, 2006, which is the maturity date under the previous agreement, and it appears that the Plaintiff and the Defendants, the parties to the contract, signed and sealed to the effect that the instant loan agreement had the identity, and thus, it can be deemed that the instant loan agreement had the identity changed to only the expiration date of the credit period).

4) H Co., Ltd. on December 30, 2019

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