(영문) 서울고등법원 2018.09.06 2018나2006851

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.09.06 2018나2006851

양수금

Text

1. The following part of the judgment of the court of first instance (excluding the part invalidated by reducing the purport of the claim) is ordered.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter referred to as “C”, and “stock company” or “limited company” are omitted for other companies) provided loans to D on August 3, 2012 by setting the payment period of KRW 3,300,000,000 as 21% per annum on August 3, 2013.

(2) At the time of the loan of this case (hereinafter “instant loan”). The Defendant and E, the joint representative director of D, jointly and severally guaranteed the obligation to repay the loan of this case to C within the limit of KRW 1,980,00,00,000, respectively. The letter of guarantee (hereinafter “instant letter of guarantee”) stated that “The terms and conditions of bank credit transaction and each of the provisions of the transaction agreements on the guaranteed obligation of the following documents submitted separately by the debtor to the bank, shall be applied to the discharge of the guaranteed obligation, and each of the following provisions shall be promised,” and the additional agreement (hereinafter “the additional agreement of this case”) stated that “the maximum rate of damages for delay under this agreement of this case shall be 18% per annum and 21% per annum, so the damages rate of the loan of this case shall be 18% per annum per annum pursuant to the provisions of Article 3(2)1 and 2.

Article 3 (Compensation for Delay) The rate of damages for delay caused by the delay of the performance of an obligation (hereinafter referred to as "damage for delay") shall be the rate (the agreed interest rate on delay and additional interest rate) determined by the bank.

Provided, That where the agreed interest rate is at least the highest rate of damages for delay prescribed in paragraph (2) 1, the agreed interest rate shall be the rate calculated by adding 2.0% per annum to the agreed interest rate.

(2) The minimum rate of damages for delay and the highest rate shall apply as follows:

1.The maximum rate of damages for delay under this Arrangement shall be 18 per annum.

2. Even though the rate of damages for delay computed pursuant to paragraph (1) exceeds the highest rate under subparagraph 1, it shall not be applied in excess of the highest rate under subparagraph 1; and

유사 판례

-서울중앙지방법원 2019.04.18 2018가단5160385

-청주지방법원충주지원 2019.01.31 2017가단23151

-서울중앙지방법원 2020.07.08 2019나65421

-서울중앙지방법원 2018.11.13 2018가단5101324

-수원지방법원 2015.06.18 2014가합73049