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(영문) 서울중앙지방법원 2018.05.24 2017가단5210061
대여금
Text

1. The Plaintiff:

A. From May 25, 2017, Defendant Multiple Institute Co., Ltd.: (a) KRW 95,627,487 and KRW 55,00,000 among them.

Reasons

1. Basic facts

A. On February 3, 2012, the Plaintiff entered into a “BB loan agreement” as of February 3, 2013, with the amount of credit limit of KRW 500 million, interest fluctuation rate, delay damages rate (8% of loan interest rate of less than three months per annum, 9% per annum, maximum interest rate of not less than three months, and 17% per annum), and the due date of repayment as of February 3, 2013.

B. In addition, on the same day, the Plaintiff and Defendant Multiwon geological features concluded an agreement on the assignment of claims to the Plaintiff to transfer all the goods payment claims that the Defendant had against, or will have to have, Defendant A until February 3, 2013, and Defendant Multiwon geological features notified Defendant A of the assignment of claims at around that time.

C. Meanwhile, at that time, the Plaintiff entered into a “mutual support agreement with Defendant A” in order to assist Defendant A, a partner company, to smoothly supply goods from Defendant Multiwon geological features. The agreement provides that, within the scope of KRW 4 billion, the Plaintiff would first lend the amount equivalent to the price of goods that Defendant A would have to pay to Defendant Multiwon geological, and Defendant A would have given consent to the transfer of the above commodity price claim to the Plaintiff in order to secure the above obligation without any objection, while Defendant Multiwon geological agrees to the transfer of the above commodity price claim to the Plaintiff in order to secure the above obligation, the Plaintiff would pay the price directly to the Plaintiff on the payment date of the goods price.

On the same day, Defendant A entered into a limited collateral guarantee agreement with Defendant A to provide joint and several surety within the limit of 4.8 billion won for the obligation to be currently or futurely borne by the Plaintiff in accordance with the agreement.

Pursuant to each of the above agreements, Defendant Dental receives a loan equivalent to the amount from the Plaintiff whenever the goods are supplied on credit to Defendant A, and as a security, transfer the product price claim against Defendant A to the Plaintiff, and Defendant A shall pay the product price.

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