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(영문) 서울중앙지방법원 2018.04.19 2017가단5194763
대여금
Text

1. The Plaintiff:

A. Defendant B’s KRW 353,750,384 and KRW 198,869 among them shall be from July 6, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On March 14, 2012, the Plaintiff entered into a credit transaction agreement with Defendant B, setting a credit limit of KRW 300 million, interest rate of KRW 5.97%, interest loan interest rate of less than three months per annum within 17% per annum, “8% of loan interest rate of not less than three months”, “9% of loan interest rate of not less than three months”, and “payment period of not less than three months” and “credit transaction agreement on September 12, 2012. At that time, Defendant C entered into a limited collateral guarantee agreement with Defendant B to jointly and severally guarantee obligations owed by the Plaintiff pursuant to the current or future credit transaction agreement, etc.

B. Defendant B was granted a loan from the Plaintiff pursuant to the above credit transaction agreement, but was not repaid the principal amount of KRW 198,869,869,869 until July 5, 2017, and the interest and delay damages accrued up to that time and KRW 154,880,515.

C. Meanwhile, damages for delay applicable under the above credit transaction agreement is 15% per annum since January 30, 2015.

【Fact-finding without a dispute over the basis of recognition, entry of evidence Nos. 1 through 4, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the facts found in the judgment as to the cause of the claim, Defendant B is obligated to pay the Plaintiff the amount of KRW 353,750,384 as the principal debtor ( KRW 198,869,869,869, KRW 154,880,515) and damages for delay at the rate of KRW 15% per annum as stipulated in the above agreement from July 6, 2017 to the date of full payment. Defendant C is jointly and severally and severally liable with Defendant B to pay the amount of KRW 360,000,000,000, which is the limit of guarantee amount.

B. As to the determination of Defendant C’s defense, the Plaintiff and Defendant C extended the due date of the above credit transaction agreement every year. The Defendant asserted to the effect that when the due date of payment is extended, the liability of guarantee was extinguished due to the lack of the fact that the said guarantee was granted.

However, there is no evidence to acknowledge that the Plaintiff and Defendant B extended the due date of the credit transaction agreement.

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