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(영문) 울산지방법원 2020.09.18 2019가단116947
기타(금전)
Text

The Plaintiff

A. As to KRW 1,731,376,614 and KRW 1,631,70,00 among them, Defendant B shall be from July 23, 2019 to August 19, 2019.

Reasons

1. Facts of recognition;

A. On January 24, 2017, Defendant B entered into a loan transaction agreement (hereinafter “instant loan agreement”) between the Plaintiff and the Plaintiff on the ground that Defendant B would obtain a loan from the Plaintiff for the construction of three multi-household housing units (hereinafter “instant construction”).

B. Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) concluded the instant construction contract with Defendant B prior to the instant loan agreement.

On January 24, 2017, Defendant Company entered into a collateral guarantee agreement (hereinafter “instant collateral guarantee agreement”) with the Plaintiff, which provides that the Defendant Company shall pay Defendant B the maximum amount of the principal and interest of loan to the Plaintiff under the instant loan agreement as KRW 2.21 billion.2 billion (hereinafter “instant collateral guarantee agreement”).

C. Pursuant to the instant loan agreement, Defendant B was loaned KRW 1.44 billion in total between January 25, 2017 and September 28, 2017, as indicated in [Attachment] Nos. 1 through 7 of the “loan Details” from the Plaintiff.

The Defendant Company received the payment for the completion of the instant construction project from the foregoing loan, and around October 2017, additional loans under the instant loan agreement were suspended due to the conflict between the Defendants.

E. Since then, Defendant B changed the construction project of this case from the Defendant Company to another company, and took out a loan from the Plaintiff on December 13, 2017, additional KRW 190,000,000 from the Plaintiff on December 13, 2017.

F. Defendant B lost the benefit of time due to Defendant B’s failure to pay interest accrued after January 23, 2018 on each of the above loans to the Plaintiff.

G. The principal and interest of a loan that Defendant B did not pay to the Plaintiff as of July 22, 2019 is KRW 1,731,376,614, as stated in the [Attachment]’s [Attachment] description, including the principal amount of KRW 1.63 billion and interest thereon KRW 9,676,614.

Among them, prior to the change of the construction work of this case, the loan agreement of this case is followed.

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