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(영문) 서울중앙지방법원 2017.02.09 2016가합32488
대여금
Text

1. The defendant shall pay KRW 91,000,000 to the plaintiff jointly with the corporation B.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. On November 9, 2010, the Plaintiff (hereinafter “Plaintiff”) transferred a loan of KRW 600 million (hereinafter “the instant primary loan”) to a stock company B (hereinafter “B”) on November 9, 2010, at the interest rate of 10% per annum, at the rate of 10% per annum, at the rate of 11% less than 3 months, at the rate of delay damages, at the rate of 3 months but less than 3 months, at the rate of 11.5% between 3 and 6 months, and at least 6 months and 12% (hereinafter “instant primary loan”).

At the time of the conclusion of the first loan contract in this case, the Defendant, the representative director of B, entered into a comprehensive collateral guarantee agreement with the Plaintiff, and with the guarantee limit of KRW 780,000,000,000, under which B, shall jointly and severally guarantee the payment of all obligations arising from bill loans, deed loans, payment guarantee, and other credit transactions to the Plaintiff (hereinafter “instant primary collateral guarantee”).

B. On November 23, 201, the Plaintiff extended additional loans of KRW 40 million to B (hereinafter “instant secondary loans”). At the time of entering into the instant secondary loan agreement, the Defendant entered into a comprehensive collateral guarantee agreement with the Plaintiff with the amount of guarantee KRW 52 million, which is identical to the instant primary collateral guarantee agreement (hereinafter “instant secondary collateral guarantee”).

C. On March 16, 2012, the Plaintiff: (a) extended additional KRW 30 million to B (hereinafter “the instant third loan”; and (b) combined the instant first and third loans; and (c) upon entering into the instant third loan contract, the Defendant entered into an agreement with the Plaintiff and the guarantee amount as KRW 39 million to jointly and severally guarantee the performance of all obligations that B currently and future due to loan transactions with the Plaintiff (hereinafter “the instant third continuing guarantee”); and (c) concluded a limited continuing guarantee agreement with the Defendant, which covers the repayment of all obligations that B currently and future due to the loan transactions with the Plaintiff (hereinafter “instant third continuing guarantee”); and (d) the instant first and third continuing guarantee combined with the instant first and third continuing guarantee.

As of July 14, 2016, the principal and interest of loans of this case shall be paid.

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