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(영문) 서울고등법원 2018.08.17 2018나2011686
대여금 등
Text

1. The part against Defendant D of the judgment of the first instance shall be revoked.

Paragraph (3) of the attached Table between defendant D and B.

Reasons

1. The following facts are recognized as either a dispute between the parties or in full view of the entries in Gap evidence 1 to 7 (including the serial number; hereinafter the same shall apply) and the whole purport of the pleadings:

[1] On each of the following day, the Plaintiff entered into a credit transaction agreement with the joint Defendant B Co., Ltd. of the first instance trial (hereinafter “Co., Ltd. of the first instance trial”) on the following day: (a) the limit is the amount indicated in the “credit amount” column; and (b) the interest for delay is the corresponding interest rate indicated in the “interest Rate”; and (c) the credit transaction agreement with the loan cycle (hereinafter “credit transaction agreement”; and (d) in total, the “each of the instant credit transaction agreements” was entered into.

Co-defendant C of the first instance trial (hereinafter referred to as “Co-defendant of the first instance trial”) guaranteed the Plaintiff’s obligation to the Plaintiff in accordance with each credit transaction agreement of this case.

The guarantee limit of C under the above joint and several guarantee contract is the same as the relevant amount stated in the joint and several guarantee limit.

On April 19, 2012, 11% per annum of 330,00,000,000 per annum of 39,600,000,000 per annum of April 19, 2012 2 I, 11% per annum of US Law No. 240,000 (up to 400,000), US Law No. 240,000 (up to 438,541 US dollars) 3H 3H 16.6% per annum of 170,00,000 per annum of 111% per annum of 204,000,000, 400 per annum of 204,000 per annum of 16.4% per annum of interest and interest on credit cards under the Credit Card No. 2016, May 10, 2016, 206.

B delayed payment of principal and interest under each credit transaction contract of this case and lost the benefit of each of the above contracts on April 11, 2016.

B- As of December 21, 2016, Nos. 1, 2, 3, and 3 are entered into a credit transaction contract.

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