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(영문) 수원지방법원 2017.01.25 2014가단540146
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 276,354,467 as well as KRW 164,628,068, among them, from January 30, 2016.

Reasons

1. Facts of recognition;

A. On March 3, 2010, the Plaintiff (former: Korea Social Co., Ltd.) entered into a loan transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on a fixed date on March 3, 201 with the loan amount of KRW 450 million, and the loan maturity date on March 3, 2011. Defendant B and D guaranteed the Defendant Co., Ltd’s loan obligations to the Plaintiff based on the above loan transaction agreement, and Defendant C’s signature and seal is affixed to the joint guarantor column of the said loan transaction agreement. Since then on March 3, 2011 and around March 2012, Defendant C signed a new loan transaction agreement between the Plaintiff and the Defendants, and extended the maturity of the said loan transaction agreement.

B. In other words, on July 2, 2013, the Plaintiff entered into a new loan transaction agreement by setting the loan amount of KRW 450 million with the Defendant Company as KRW 450,000,000 on the date of loan, interest rate of KRW 11.5% per annum, and delay compensation rate of KRW 25% per annum between the Defendant Company and the Defendant Company. Defendant B and D guaranteed the Defendant Company’s loan obligations to the Plaintiff, and the joint and several surety column of the said loan transaction agreement bears the signature and seal of Defendant C.

C. As of February 26, 2014, reflecting the amount of partial repayment, the Plaintiff and the Defendant entered into a loan transaction agreement with the following terms and conditions of the loan transaction agreement entered into on July 2, 2013, stating that “I wish to make an application for change of the terms and conditions of the loan transaction agreement entered into between the parties as of July 2, 2013, and to faithfully perform each provision.” The loan amount is KRW 435 million per annum, interest rate of KRW 9 million per annum, February 25, 2015, and the maturity date of the loan was on February 25, 2015; the repayment method was extended to three months after the extension of the due date; the “application for change of the terms and conditions of the loan and the rate of delay on February 25, 2014; and the Plaintiff and the Defendant drafted a new loan transaction agreement with the Plaintiff as of February 25, 2014.

Each of the above.

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