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(영문) 서울중앙지방법원 2016.01.15 2013가단182378
대여금 등
Text

1. The Defendant: (a) up to KRW 1,300,000,000 for the Plaintiff; (b) up to KRW 804,517,683; and (c) up to KRW 535,512,810 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 16, 2008, the Plaintiff, with the Korea Spatial Data Communications Co., Ltd., Ltd., extended the extension period to April 16, 2009 (the extension to January 16, 2013). The interest rate set forth in the basic terms and conditions for bank credit transactions as the change rate of KRW 1 billion was set as the loan rate of KRW 1 billion. The Defendant jointly and severally guaranteed all obligations owed to the Plaintiff of the Korea Spatial Data Communications Co., Ltd., with the extension limit of KRW 1.3 billion.

B. The balance of the loan as of November 9, 2015 is KRW 804,517,683 (i.e., the principal amount of KRW 535,512,810 (i.e., overdue interest of KRW 26,563,725).

(c) The Plaintiff’s overdue interest rate under the basic terms and conditions for banking loan transactions is 15% per annum.

[Grounds for Recognition: Facts without dispute, Gap evidence 1-5, Gap evidence 2-5, the purport of the whole pleadings]

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 804,517,683 of the balance of the above loan and KRW 535,512,810 of the principal amount, calculated at the rate of 15% per annum from November 10, 2015 to the date of full payment, within the limit of KRW 1,300,000,000,000.

3. If so, the plaintiff's claim of this case is justified.

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