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(영문) 광주지방법원 2019.08.16 2018가단531750
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 149,424,947 as well as the annual interest rate from June 15, 2018 to the date of full payment.

Reasons

1. Basic facts

A. Nonparty E Co., Ltd. (hereinafter referred to as “E”) entered into a loan agreement with Defendant B Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) on November 11, 2015 (hereinafter referred to as “Defendant Co., Ltd.”) with the agreed rate of 15,00,000 won per annum; 11.9% per annum; 13.9% per annum; from November 11, 2015 to February 14, 2020; (hereinafter referred to as “the instant one contract”); (i) the loan agreement with the repayment method on condition that the principal and interest be repaid equal to or equal to the repayment method; (ii) the loan amount of 85,00,000,000 annually; and (iii) the repayment method of 10.9% per annum; and (iv) the repayment method of 20% per annum from November 11, 2015 to 20.5% per annum; and (iv) the repayment method of the loan agreement.

B. On September 20, 2017, E entered into a contract between the Plaintiff and the Plaintiff to transfer the remaining principal and interest of loans under the instant contract 1, 2, and 3, and delegated the Plaintiff with the authority to notify the assignment of claims, and on November 30, 2017, the Plaintiff notified the Defendants of the fact of the said assignment of claims by content-certified mail.

C. According to Article 8(2)2 of the Credit Terms and Conditions, where payment of the principal and interest of installment payments or installment payments is delayed on more than two consecutive occasions, the benefit of time shall be lost. On June 14, 2018, the date of the first delay in payment of installment payments for each of the above loans is June 14, 2018, and the payment of installment payments is in arrears thereafter.

As of June 14, 2018, in the instant one contract.

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