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(영문) 대전지방법원 2019.02.20 2018가합109169
동산인도.대여금 청구의 소
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 220,000,000 and KRW 70,000 among them, from July 7, 2018 to 150.

Reasons

Description of Claim

The Plaintiff is a juristic person established pursuant to the Act on the Protection of and Support for Micro Enterprises for the purpose of carrying out projects for the promotion of micro enterprises and the revitalization of business districts of traditional markets and shopping districts, and the Defendant Incorporated Company A (hereinafter “Defendant Company”) is a company established for the purpose of grain processing business, sales business, etc., and Defendant B is the representative director of the Defendant Company.

The Plaintiff entered into each of the loan transaction agreements with Defendant Company as follows (hereinafter “each of the loan agreements of this case”), and lent the loan amount indicated below, and Defendant B submitted a specific debt guarantee to the Plaintiff and jointly and severally guaranteed each of the loan agreements of this case.

Article 6 of the Terms and Conditions of Loan Transactions, which provides that "interest and damages as determined by the Plaintiff and substitute payments paid by the Plaintiff shall be paid, respectively, on October 24, 21, 201, at the rate of 150,000 won per annum 2.31% per annum on October 7, 16, 196, the extended interest rate of interest on the loan of the subject of loan (transfer interest rate) due to the execution date of the loan shall be 150,000,000 won per annum 2.08% per annum on November 24, 2016, respectively, to be applied under each of the instant loan agreements on November 24, 21, 201."

However, the Defendant Company began to delay the payment of principal and interest with respect to the agreement No. 1 stated in the above table from July 7, 2018, and began to delay with respect to the second agreement from June 24, 2018, and each of the instant loan agreements lost the benefit of October 22, 2018 pursuant to Article 6 of the Framework Agreement on Loan Transactions.

In addition, from July 7, 2018, the first overdue date of the Agreement No. 1 in the said Table, from June 24, 2018, the first overdue date of the Agreement No. 2, to October 21, 2018, which is the day before each time limit is lost, the rate of the agreement was 3.19% per annum, and from that next day, the rate determined by the Plaintiff is 10% per annum.

On the other hand, the defendant company secured all obligations that the plaintiff and the future bear on November 22, 2016.

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