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(영문) 대전지방법원 2018.10.24 2018가합104713
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 227,085,721 as well as KRW 202,33,028 as to KRW 202,33,028, from January 3, 2018 to May 2018.

Reasons

Description of Claim

On November 24, 2015, Defendant A Co., Ltd. (hereinafter “Defendant A”) obtained a loan from the Plaintiff (hereinafter “instant loan agreement”) and Defendant B jointly and severally guaranteed the said loan agreement.

The loan amount: The date of loan of KRW 200,000: The agreed interest rate for new growth-based funds (new growth-based projects): 4.62% per annum: 12% per annum: the maximum amount of loan of KRW 240,000 per annum: Article 6 of the basic loan terms and conditions applicable to the loan contract of this case as follows. The Defendant Company lost its interest due to delayed repayment of the principal and interest of the Plaintiff as stipulated in the loan contract of this case as of December 27, 2016, and the loan contract of this case was terminated.

Article 6 (Obligation to Pay Obligations before Due Date) (1) If a debtor falls under any of the following causes with respect to the debtor, the debtor shall naturally lose the benefit of the time limit for all obligations to the debtor with respect to advanced progress, even though there is no demand or notification from the debtor (the plaintiff, hereinafter the same shall apply).

1. As of January 3, 2018, the Defendants’ obligations to pay to the Plaintiff when the Defendants did not repay part of the obligations to the Corporation due date (i.e., the principal amount of KRW 200,000,000,00 by subrogation, and KRW 765,851 (i.e., the disbursement of KRW 784,010 as of January 10, 2018 - the amount of KRW 18,159, such as the repayment of service charges as of February 28, 2017), interest 1,567,177 (the amount of overdue interest shall be collected as of February 27, 2016, which was the date on which the interest accrued due was lost from October 24, 2016; overdue interest rate of KRW 24,752,693 per annum; overdue interest rate of KRW 165,297,167,207,2167).

Therefore, the Defendants are therefore.

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