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(영문) 서울중앙지방법원 2016.11.18 2015가단59182
대여금등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 5,00,000,000 and the interest thereon from March 5, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant A Co., Ltd. (hereinafter the Defendant Co., Ltd) entered into an agreement on business and loan transactions (hereinafter the instant agreement) with the Plaintiff, Geumho Life Insurance Co., Ltd. (hereinafter the lender), the Simho Industrial Co., Ltd., and the Simho Co., Ltd., on September 4, 2007, when carrying out the new construction and sale of the apartment house in Busan City (hereinafter the instant agreement).

At the time, Defendant B, the representative director of the Defendant Company, had jointly and severally guaranteed the obligation of loans under the agreement of this case against the Plaintiff of the Defendant Company on the same day.

Section 2-1 (Loans to Borrower) (1) of the Loan Agreement in Chapter 2 (Loan to Borrower) The lender is to lend to the borrower a sum of KRW 70 billion incurred by the borrower (referring to the "Defendant Company") in order to raise funds relating to the business of this case, such as repayment of the existing principal and interest of loan, in accordance with this Agreement.

An individual loan agreement that each lender intends to lend to the borrower shall be as follows:

1. Plaintiff: 50 billion won;

2. Geum-ho Life (Payment of Loan Interest and Handling Fees) Article 2-3 (Payment of Interest on Loan Agreements) (1) The interest rate on loan agreements shall be as of the first business day immediately preceding the date when the loan is performed, and thereafter as of the business day immediately preceding the date when the loan is performed for every three months from the date when the loan is conducted, the final call publicly notified by the Korea Securities Dealers Association for the certificate of deposit of 91-day securities shall be determined by adding 1.5% per annum to the rate of return.

(4) If the borrower is unable to fully or partially repay the principal, interest, fees, and other obligations entered in this Agreement, which have become due for repayment, the borrower shall pay to the lender overdue interest calculated at an overdue interest rate of 19% per annum as damages for delay.

Article 2-4 (Repayment of Loan Principal) (1) The repayment period of the loan principal shall be until the date on which 48 months have elapsed from the date of execution of the loan, and Article 2-6 (Appropriation for Performance) (hereinafter referred to as "Appropriation for Performance") 1. All the amounts received by each lender under a financial contract including this Agreement.

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