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(영문) 대전지방법원천안지원 2017.09.27 2016가단14092
대여금
Text

1. The Plaintiff:

A. Defendant A shall pay the full amount of KRW 1,253,060,144 as well as the full amount of KRW 1,253,060,144 as from March 28, 2017, and among them, 391.

Reasons

1. Facts of recognition;

A. The plaintiff in the status of the party is a representative director of the financial institution that lent money to the defendant A, the defendant A is a representative director of the Dispute Resolution Co., Ltd. (hereinafter "the company in this case"), the offerer, the defendant B is the former representative director and the joint guarantor of the company in this case.

B. On October 28, 2011, the Plaintiff entered into a credit transaction agreement with Defendant A to grant a loan by setting the lending rate of KRW 2.4 billion at 20 billion per annum 20% per annum, 20% per annum, and October 31, 2014 (hereinafter “instant loan agreement”).

) On October 31, 201, loans amounting to 2.4 billion won in a deposit account under Defendant A’s name (hereinafter “instant loans”).

(2) Article 7(2)1 of the General Terms and Conditions for Credit Transactions applicable to the instant loan agreement provides that when interest is delayed for one month from the time when the interest is due, the benefit of time shall be lost.

3) On October 28, 201, Defendant B entered into a limited collateral guarantee contract between the Plaintiff and the Plaintiff with the limit of KRW 3.12 billion, and the period for the settlement of accounts, setting the future type of designation, to guarantee Defendant A’s present and future obligations under the instant loan agreement (hereinafter “instant contract for collateral guarantee”).

(C) On October 31, 2014, the Plaintiff entered into an agreement with Defendant A and the instant company, which provided security, to change the term of loans of this case from October 31, 2014 to October 31, 2016.

(hereinafter “instant amendment agreement”). State

1. Restrictions on the extension of the time limit for financing by enterprises and that the person who has created a comprehensive collateral security shall not be subject to signature and seal in principle;

3. Where the guarantor is replaced, the new joint and several sureties shall be indicated in the column before the replacement, and where the new and several sureties is exempted, he/she shall be stated in the column after the replacement.

4. A guarantor.

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