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(영문) 전주지방법원 2013.02.05 2011가단25499
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff the amount of KRW 302,137,366 and the interest rate thereon from September 27, 2010 to the date of full payment.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 4, Eul evidence 1 and 2 (including various numbers), and the whole purport of the pleadings:

On November 5, 2009, a mutual savings bank (hereinafter referred to as the “former Mutual Savings Bank”) entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter referred to as the “A”) with a debtor, a comprehensive passbook loan in the subject of credit, a credit limit of KRW 300 million, a maturity of KRW 50 million, an agreement rate of KRW 9% per annum, 19% per annum, and a delay interest rate of KRW 19% per annum; interest and delay damages are deducted from the above comprehensive passbook loan account (hereinafter referred to as the “instant account”) or any excess of the above credit limit, regardless of whether the loans exceed the above credit limit (hereinafter referred to as the “the instant loan transaction agreement”); and Defendant B Co., Ltd. (hereinafter referred to as the “B”) and C extended credit transaction agreements between the aforementioned mutual savings bank and the Defendant at the maturity of the above credit transaction agreement between the aforementioned mutual savings bank and the Defendant at the request of Defendant A for extension of the maturity of loans under the above credit transaction agreement.

B. Defendant A withdrawn money from the instant account after the said credit transaction agreement and deposited some of the money into the said account. However, when interest and delay damages accrued from the said withdrawal were added to the principal of the loan pursuant to the said credit transaction agreement, and calculated only by the said credit transaction agreement without considering other agreements in addition to the said credit transaction agreement, the amount of the instant account as of September 26, 2010, which was the due date extended for the said credit transaction agreement, is KRW 302,137,366.

All the preceding day, Defendant A, and Defendant A.

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