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(영문) 서울중앙지방법원 2018.07.12 2018가합505713
대여금
Text

1. Defendant B jointly and severally with Defendant A and jointly with Defendant A and jointly with the Plaintiff, and KRW 236,383,950 and its amount.

Reasons

1. Facts of recognition;

A. On July 17, 2012, the Plaintiff and C have entered into a loan transaction agreement with the Plaintiff and C, with the maximum amount of credit KRW 1 billion; ② the expiration date of the credit shall be July 17, 2013; ③ the delay compensation rate from December 30, 201 to January 29, 2015, plus 8% to the normal interest rate if the overdue period is less than three months, plus 9% to the normal interest rate if the overdue period is more than three months; and each delay compensation rate shall be the maximum of 17%; ④ the delay compensation rate for arrears after January 30, 2015 plus 7% to the normal interest rate if the overdue period is less than three months; and each interest rate for delay plus 8% to the normal interest rate in the event of the overdue period of not less than three months; and each interest rate for delay shall be determined as 15% to the maximum amount of each 15% loan agreement.

B. On July 17, 2012, in order to secure the payment of loans under the “B2B Loan Agreement” as stated in paragraph (1), C transferred all the claim for the purchase price of goods to the Plaintiff, C is holding against the Defendant, or to be held until July 17, 2013, and C notified the Defendant A of the above assignment of claims around that time. The above assignment of claims reached the Defendant A around that time.

C. The agreement between the Plaintiff and the Defendant A, and the Defendant B’s joint and several guarantee 1 and the Defendant A entered into a “mutual support agreement with each other” to support the smooth supply of goods by Defendant A, a partner company, to the extent of 4 billion won. The agreement provides that the Plaintiff first lends the amount equivalent to the goods that the Defendant A would have to pay to C within the scope of 4 billion won in the future, and the Defendant A approves the transfer of the goods price claim to the Plaintiff to secure the above obligation without any objection, while paying the amount directly to the Plaintiff on the date of payment of the goods price.

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