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(영문) 서울중앙지방법원 2018.05.31 2017가합551900
양수금등 청구의 소
Text

1. As to KRW 3,539,465,04 among the Plaintiff and KRW 3,522,10,054 among the Plaintiff, Defendant A shall be from August 2, 2016 to September 1, 2017.

Reasons

1. Basic facts

A. On May 28, 2015, the Plaintiff’s claim 1) ABF Capital Co., Ltd. (hereinafter “C”) is a non-party limited partnership C (hereinafter “C”).

(2) The following terms and conditions of the loan agreement (hereinafter referred to as “instant loan”) are as follows:

Defendant A, a representative member of C, has concluded a contract and jointly and severally guaranteed C’s obligations arising from the loan of this case on the same day. Article 1 (Purpose of this loan) C (hereinafter referred to as “Borrower”).

) The term “this loan” intends to raise funds necessary for the project through the term “this loan” and the term “Savi Capital” (hereinafter referred to as “Savi Capital”).

(A) After the implementation of this loan, the term “Borrower” is, after the implementation of this loan, the position of the “Borrower” as the “Borrower” under the Loan Agreement and Loan Agreements with the “Borrower” (hereinafter referred to as the “Loan Agreement, etc.”).

(1) The transferee of the bonds shall transfer to the transferee of the bonds, and the transferee of the bonds shall, for the purpose of the securitization of the corporate bonds and/or the loans in accordance with the Asset-Backed Securitization Act, transfer the “this loan, etc.” to the new and fourth securitization specialized company (Plaintiff). The terms and conditions of the loan under Article 4 ( terms and conditions of this loan as the “this loan” are as follows:

1. Amount agreed on loans: 3,500,000 won;

2. Date to implement loans: May 28, 2015.

4. Loan interest rate: A fixed interest rate of 3.492% per annum.

5. Method and deadline for repayment of the loan: The principal of this loan shall be paid in lump sum on May 28, 2018 in such a manner as to deposit into the account designated by the "Government".

7. Date of payment of interest: The amount shall be calculated from the date the loan is performed to the day preceding the date the principal is repaid, and the amount shall be calculated by multiplying the balance of the outstanding principal of the "this loan" as of the date immediately preceding the payment date of interest by the rate under subparagraph 4 divided by the interest rate under subparagraph 4 at the rate specified in subparagraph 4, each time from August 28, 2015 to August 28, 2018.

8.(B) If the benefit of time is lost pursuant to subparagraph 9, the period shall be from the date of loss of the benefit of time (including the day per day) to the actual date of payment (including the day per day).

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