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(영문) 서울중앙지방법원 2016.07.13 2016가합514201
대여금
Text

1. The Plaintiff:

A. From September 3, 2015, Defendant A:31,358,000 won and its related thereto:

B. Defendants B and C shall be jointly and severally.

Reasons

Basic Facts

On August 10, 201, Defendant A entered into a loan transaction agreement with the Plaintiff as of August 10, 201, setting the loan amount of KRW 363 million, and August 10, 2013. The Plaintiff borrowed KRW 363 million to Defendant A in accordance with the above loan transaction agreement on the same day.

Since then, Defendant A had extended the term of loan several times by making partial repayment of the above loan, and finally, on January 12, 2015, Defendant A entered into an agreement to change the terms and conditions of the loan agreement with the Plaintiff on January 12, 2015, setting the loan amount of KRW 311,358,000, and January 20, 2016.

(A) Under the foregoing revised terms and conditions, Defendant A’s loan to Defendant B (hereinafter “instant loan 1”). The Plaintiff’s loan to Defendant B and Defendant C’s joint and several surety concluded a loan transaction agreement with the Plaintiff on August 9, 201, setting the loan amount of KRW 363 million, and August 9, 2013 on the date when the loan term expires, and the Plaintiff extended KRW 363 million to Defendant B pursuant to the said loan transaction agreement on the same day.

On the other hand, on August 4, 2011, Defendant C guaranteed the above loans owed by Defendant C to the Plaintiff.

Since then, Defendant B made a multiple extension of the lending term on January 7, 2015, Defendant B entered into an agreement with the Plaintiff on January 7, 2015 to change the lending terms that changed the terms and conditions under the said lending terms and conditions on January 7, 2016, setting the lending term as KRW 311,358,000, and the expiration date of the lending term.

(2) The Plaintiff’s loan to Defendant C on August 2, 201 and the Plaintiff’s loan agreement was concluded on August 22, 201 with the Plaintiff as the loan amounting to KRW 363 million and the expiration date of the loan period on August 22, 2013, and the Plaintiff extended KRW 363 million to Defendant C in accordance with the loan transaction agreement on the same day.

Since then, Defendant C paid only part of the above loans and extended the term of loans on several occasions.

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