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(영문) 광주지방법원 2020.10.16 2020가합201
대여금
Text

The Plaintiff

A. Defendant B, as to KRW 947,788,056 and KRW 931,640,000 among them, shall be from January 3, 2020.

Reasons

Facts of recognition

Article 4 (Change in Interest Rates) (1) of the General Fund Loans 735,000,000 MOC Loan Agreements (Evidence 1-1-1) on April 20, 2020, April 201, 2020 (the date of extension) interest rate on the date of repayment of the loan (the date of extension) on the date of the contract date (the date of June 30, 2020) (hereinafter referred to as "MCR"): (1) The term "MDR" shall be calculated by calculating the simple average return rate for the business day from the date of the previous week to the date of the preceding week from the date of the first week for each business day, and the Bank shall determine and publicly notify the "MCR" on the first business day of the previous week.

7.14% of the delay interest rate (Article 3(5) of the General Terms and Conditions on Credit Transactions, and Article 3(5) of the Credit Agreement shall apply to the interest rate, plus the delay interest rate by the period of delay and additional interest, the maximum rate of 7% of the delay interest rate per applicable period of three months or less but less than three months and 8% of the delay interest rate per applicable period of delay: [15% per annum] on October 31, 2016 ( October 20, 2020) general financing loans 295,000,000 won as of October 20, 2018 ( June 30, 2020) with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”), as listed in the table below, concluded a credit transaction agreement (hereinafter “the Credit Agreement No. 1 and No. 2”) and loaned the amount in each credit column as stated in each credit amount.

Defendant C determined the amount of KRW 82,00,000 as the collateral guarantee limit and jointly guaranteed the Defendant Company’s first credit transaction agreement.

In the event that the Defendant Company, as the debtor, did not pay interest on each of the loans of this case, and the Plaintiff notified the Defendant Company and the Defendant C of the loss of interest on the loans of this case, the Defendants did not repay the principal and interest on loans under the credit transaction agreement of this case.

As of January 2, 2020, the principal and interest of Defendant Company’s loan to the Plaintiff (hereinafter “base date”) is principal amounting to KRW 931,640,00 (i.e., loan 196,640,000 under the Second Credit Agreement) and interest amounting to KRW 16,148,056 = A loan interest amounting to KRW 10,40,869 under the First Credit Agreement.

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