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(영문) 서울중앙지방법원 2016.04.22 2015가단5348160
대여금
Text

1. The Plaintiff:

A. As to KRW 81,073,686 and KRW 44,432,408 among them, Defendant A Co., Ltd. shall start from September 15, 2015.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) The Plaintiff entered into a credit transaction agreement between the Plaintiff and the Plaintiff on a commercial bill discount, credit (limit) amount, “10 million won,” “1, 2009.11,” “the date of credit extension,” and “1, 2010.11, 2010.11,” The network was jointly and severally guaranteed the Defendant Company’s entire obligation to the Plaintiff within the limit of KRW 120,000.2) The Plaintiff and the Defendant Company agreed to apply the interest rate set by the Plaintiff bank and the compensation for delay in natural vehicles, and to comply with the change of interest rate.

The rate of damages for delay prescribed by the Plaintiff bank, which is currently applicable to the instant loan, shall be 15% per annum.

3) Under a credit transaction agreement, the Defendant Company agreed to pay the remainder of the credit from that time to the Plaintiff when the Plaintiff did not repay the obligation upon the expiration date of the credit period, or when the benefit under the basic terms and conditions for banking transactions was lost. However, the Defendant Company lost the benefit due to the failure to pay the loan principal and interest in arrears at the due date. (4) On September 14, 2015, the principal and interest of the loan amount of KRW 44,432,408 as of September 14, 2015, the principal and interest of the loan amount of KRW 36,641,278 as total KRW 81,07,68.

5) On October 15, 2013, the network D died after having left C, C, E, and F. The E and F renounced inheritance under the Seoul Family Court Decision 2013 Ma10267, and Defendant C left as the sole heir. The Defendant C’s inheritance recognition report was accepted under the Seoul Family Court Decision 2013 Ma102666. [In the case of the Plaintiff and the Defendant Company based on recognition, there is no dispute between the Plaintiff and the Defendant Company, there is no dispute between the Plaintiff and the Defendant Company, the evidence Nos. 1 through 4-2, and the purport of the entire pleadings as a whole.

B. According to the above facts of determination, the Defendant Company’s agreement on the total amount of principal and interest of the Plaintiff KRW 81,073,686 and the principal amount of KRW 44,432,408 among them is the agreed rate from September 15, 2015 to the date of full payment.

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