logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.20 2014가단5331400
대여금
Text

1. The Plaintiff:

A. As to KRW 173,825,350 out of KRW 329,801,451 and its money, Defendant A Co., Ltd. from September 25, 2014.

Reasons

1. Basic facts

A. On December 3, 2007, the Plaintiff and Defendant A Co., Ltd. (1) entered into a credit transaction agreement with the Plaintiff (hereinafter “Plaintiff Bank”) on the following terms (hereinafter “the instant credit transaction agreement”) and borrowed KRW 200,000,000 from the Plaintiff Bank under the joint and several guarantee guarantee (the guarantee limit of KRW 240,00,000) by Defendant B on December 4, 2007.

The subjects of credit: 200,00,000 won credit extension period: Interest rate, etc. on December 4, 2008 under the Bank Credit Transactions Basic Terms and Conditions: (2) After applying the fluctuation rate and damages rate under the Bank Credit Transactions Basic Terms and Conditions, the Plaintiff Bank agreed to extend the maturity date of the credit transaction agreement between Nonparty D and Defendant A on November 25, 2008 under the joint guarantee of Defendant B and Nonparty D and Defendant B by December 4, 2009.

B. (1) The Defendant A Co., Ltd. repaid part of the principal on December 3, 2008 and March 9, 2009, and delayed interest payment on April 2009, June 6, July, and August 2009.

(2) Accordingly, on August 12, 2009, the Plaintiff bank registered joint and several sureties, including Defendant A and Defendant B, as the payer of the principal and interest of this case, and took measures not to pay the Plaintiff bank account in Defendant B.

(3) Afterwards, Defendant B’s account was withdrawn from Defendant B’s account to KRW 6,575,358 on August 26, 2009, and the said money was appropriated for overdue interest, etc. of the principal and interest of the instant claim for repayment of the principal and interest of the Plaintiff on the same day (it is treated at the Plaintiff bank’s alternate branch). On the same day, the Plaintiff bank released the above prohibition of payment against the Plaintiff bank’

(4) Since then, Defendant A, Defendant B, etc. were in arrears with the interest of the instant credit transaction agreement, the Plaintiff Bank shall be deemed to have lost the benefit of December 9, 2009 and shall demand reimbursement.

arrow