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(영문) 서울중앙지방법원 2017.10.12 2017가합503345
대여금 등 청구의 소
Text

1. As to the Plaintiff’s KRW 223,352,092 out of KRW 241,603,658 and the said money, Defendant A shall be from December 28, 2016 to March 12, 2017.

Reasons

1. Basic facts

A. On April 9, 2014, the Plaintiff, a corporation incorporated under the Industrial Bank of Korea Act, entered into a small and medium enterprise loan agreement with Defendant A, which provides for a small and medium enterprise loan agreement with a maximum amount of KRW 80,000,000,00, with the trade name “C”, and paid KRW 80,000 to Defendant A according to the said agreement. On April 11, 2014, the Plaintiff entered into a B2B factoring agreement with Defendant A on February 16, 2015, and paid KRW 24,898,121 on four occasions from December 29, 2015 to April 7, 2016 pursuant to the said agreement.

The Plaintiff entered into a credit card transaction agreement with Defendant A on April 26, 2016, and paid to Defendant A as of April 26, 2016, the principal amount of loans related to credit card transactions is KRW 1,929,490.

If the principal and interest under the factoring contract are not repaid, the agreed interest rate for delay is 11% per annum and the agreed interest rate for delay is 24% per annum if the principal and interest of loans are not repaid due to credit card transactions.

B. Around May 3, 2016, Defendant A lost profits from each of the above obligations. The Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) on behalf of Defendant A, on August 19, 2016, paid part of the principal and interest of the above small and medium enterprise loan, and only 1,344,445 won interest accrued.

The sum of the principal and interest on the loan of small and medium enterprise funds of Defendant A, principal related to the factoring agreement, and interest and delay damages until December 27, 2016, principal related to credit card transaction agreement, and interest and delay damages until December 28, 2016, shall be KRW 241,603,658 (hereinafter the above small and medium enterprise loan obligations, redemption related to the factoring agreement, and repayment related to the above factoring agreement, and the principal of the factoring agreement is KRW 223,352,092.

C. As to the real estate indicated in the separate sheet (hereinafter “instant real estate”) with Defendant B on May 3, 2016, Defendant A and the maximum debt amount of Defendant A and Defendant B 80,000.

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