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(영문) 광주지방법원 2015.03.24 2014가단40737
대여금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable to pay KRW 300,000,000 and the same from October 10, 2009 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 9, 2009, the Plaintiff loaned 300 million won to Defendant A Co., Ltd. (hereinafter “A”) at the rate of 10% per annum and 24% per annum on October 9, 2009 when Defendant A delayed payment of interest, installment payments, and installment payments, the Plaintiff agreed to pay damages for delay on the amount to be paid if Defendant A delayed payment of the interest, installment payments, and installment payments at the expiration of the credit period, and if the interest was lost due to the failure to pay the due date on the agreed date pursuant to Article 7 of the Framework Agreement on Credit Transactions by Mutual Savings Bank (hereinafter “A”), from that time, the Plaintiff agreed to pay damages for delay on the credit balance.

B. Meanwhile, on April 9, 2009, Defendant B Co., Ltd. (hereinafter “B”), C, D, and Non-Party D Construction Co., Ltd. (hereinafter “construction”) determined each of the following obligations, etc. due to bill loans, deed loans, and other credit transactions that A owes to the Plaintiff as the total amount of KRW 390 million.

C. On May 22, 2009, the Plaintiff loaned 23 million won to Defendant A at the rate of 10% per annum and 24% per annum on May 22, 2010 when Defendant A delayed payment of interest, installment payments, and principal and interest on installment payments, the Plaintiff agreed to pay damages for delay on the amount to be paid when Defendant A delayed payment of interest, installment payments, and interest on installment payments, and to pay damages for delay on the balance from that time when Defendant A lost its profits due to failure to perform its obligation at the expiration date or failure to pay interest on the agreed date pursuant to Article 7 of the Framework Terms and Conditions on Credit Transactions by Mutual Savings Bank.

On the other hand, on May 22, 2009, Defendant B, C, D, and C Construction guaranteed each comprehensive contract by setting forth each limit of KRW 29,90,000 as the respective collateral guarantee amount, such as bill loans, deed loans, and all other obligations arising from credit transactions that A owes to the Plaintiff.

E. The Defendants and also construction are loans extended by Defendant A on April 9, 2009.

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