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(영문) 서울중앙지방법원 2015.09.25 2015가합517104
대여금 등
Text

1. Revocation of each assignment contract entered in the separate sheet entered into between D and the Defendants.

2...

Reasons

Facts of recognition

On May 30, 2012, the Plaintiff entered into a credit transaction agreement with D Co., Ltd. (hereinafter referred to as “D”) with respect to loans for corporate purchase of loan subjects, credit limit of KRW 100 million (hereinafter referred to as KRW 400 million) and credit period from May 30, 2012 to May 30, 2013 (hereinafter referred to as “credit transaction agreement”).

E on May 30, 2012, the credit transaction agreement was jointly and severally guaranteed up to KRW 120 million, and on July 5, 2012, the guarantee limit was changed to KRW 480 million.

According to the above credit transaction agreement, the Plaintiff loaned total of KRW 278,547,612 to D over eight times from June 24, 2014 to July 14, 2014.

On May 19, 2014, the Plaintiff entered into a credit transaction agreement with D and Small and Medium Enterprise Loan Loans, the credit limit of KRW 200 million, and the credit period from May 19, 2014 to May 19, 2015 (hereinafter “instant credit transaction agreement”), and leased KRW 200 million to D on the same day.

E has jointly and severally guaranteed the credit transaction agreement on the same day within the limit of KRW 240 million.

On August 7, 2007, the Plaintiff concluded a credit card use agreement with D (hereinafter “instant credit card agreement”) and issued the credit card.

E has jointly and severally guaranteed the above credit card agreement.

D’s loss of due interest did not pay the principal and interest of the loan under each credit transaction agreement of this case and credit card agreements. As to the obligation of the first credit transaction agreement of this case, D lost the interest under each credit card agreement of this case as of November 29, 2014, and the second credit transaction agreement of this case as of December 18, 2014, and as to the obligation of the second credit transaction agreement of this case, they lost the interest under each credit card agreement of December 4, 2014.

As of February 16, 2015, the interest rates in arrears and the interest rates in arrears due to each credit transaction agreement and credit card agreements of this case as of February 16, 2015 shall be as follows:

The loan balance of the borrowed subjects.

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