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(영문) 광주지방법원 2019.04.12 2017가단526812
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 589,918,911 as well as KRW 200,00,000 from January 22, 2019 to the day of full payment.

Reasons

1. Claims for loans of this case, which are based on the facts;

A. On April 15, 2013, the Defendant entered into a general loan agreement with E Co., Ltd. (hereinafter “the instant bank”) and entered into a loan agreement with the Defendant at the rate of 9.0% per annum from 10% per annum to 10% per annum (21% per annum per annum), and on May 30, 2013 (the extended credit period of May 30, 2014), and failed to repay loans under the said agreement by the expiration date of the credit period.

(hereinafter “Claims for loans of this case”). (b)

The above general loan agreement provides that the bank credit transaction basic terms and conditions shall comply with the bank credit transaction basic terms and conditions. The basic terms and conditions of bank credit transaction provide that when a debtor files an application for bankruptcy, commencement of composition, or commencement of reorganization proceedings, the debtor shall lose the benefit of all obligations due to the absence of demand and notification from the bank. On January 23, 2014, the defendant filed an application for rehabilitation with the Seoul Central District Court 2014 Ma16.

C. The instant bank recovered the principal of the instant loan claim only on January 5, 2017. The damages for delay up to that time [the amount calculated by adding 9-10% per annum to the annual interest rate of damages for delay (2.5%) during the period from January 23, 2014 to January 4, 2017 when the Defendant lost the benefit of time by applying for rehabilitation]; the amount of damages for delay calculated by adding 9-10% per annum to the annual interest rate of damages for delay during the period from January 23, 2014 to January 4, 2017

Claim for indemnity of this case

D. On April 21, 201, the Defendant concluded a foreign currency payment guarantee agreement with the instant bank at USD 2,000,000 per annum, 0.25% per annum per annum, 18-21% per annum (21% per annum for 90 days per annum) depending on the number of overdue days per annum, and the period of payment guarantee transaction at April 21, 201 (the extended transaction period as of April 22, 2014). The instant bank failed to perform its obligation to guarantee payment under the said contract, and thus the instant bank subrogated paid KRW 1,259,36,169 on behalf of the instant bank.

hereinafter referred to as "the amount of indemnity of this case".

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