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(영문) 서울남부지방법원 2020.08.18 2020가합102410
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 817,257,878 and the amount of KRW 427,797,729 from March 21, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that aims at credit business, etc., and the Defendant is the representative director of C Co., Ltd. (hereinafter “instant company”) with the aim of purchasing, selling, managing, or brokerageing collateral bonds.

B. 1) On March 15, 2018, the Plaintiff entered into a loan transaction agreement with the instant company under which the loan amount of KRW 900 million per annum, interest rate of KRW 16% per annum, interest rate of overdue interest rate of KRW 24% per annum, and interest rate of March 15, 2019 (hereinafter “first loan agreement”).

(2) The Plaintiff concluded a loan transaction agreement with the instant company on March 20, 2018, 30 million won on March 20, 2018, and KRW 200 million on March 30, 2018, KRW 100 million on April 2, 2018, and KRW 900 million on April 26, 2018. 2) between the instant company and the Plaintiff, on May 18, 2018, the Plaintiff concluded a loan transaction agreement with the term “12 months from the date of the first record” (hereinafter referred to as “the second loan agreement”) with the Defendant as joint and several.

The Plaintiff loaned the instant company KRW 250 million on May 23, 2018, KRW 200 million on June 8, 2018, KRW 200 million on June 8, 2018, and KRW 600 million on June 20, 2018.

3) On November 16, 2018, the Plaintiff entered into a loan transaction agreement with the instant company providing that the loan amount of KRW 300 million, interest rate of KRW 15 million per annum, interest rate of overdue interest rate of 24% per annum, and 12 months from the expiration date of the loan period (hereinafter “third-party loan agreement”).

The Defendant concluded a joint and several guarantee. On November 23, 2018, the Plaintiff lent KRW 300 million to the instant company. (C) On March 20, 2019, the principal unpaid to the Plaintiff under the first loan agreement was KRW 427,797,729.

2) The instant company, as a security for the secondary loan agreement, set up a pledge right on D major 1,568 square meters and above ground buildings in Yangsan-si. On May 23, 2019, the Plaintiff received dividends of KRW 372,133,250 during the voluntary auction procedure for real estate at Yangsan-si (Ulsan District Court E. The instant company).

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