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(영문) 광주지방법원목포지원 2015.02.04 2014가단7856
대여금
Text

1. The defendant jointly and severally with the same-sex healthcare Co., Ltd. to the plaintiff 490,000,000 won and its amount on September 24, 2010.

Reasons

1. Facts of recognition;

A. On September 23, 2009, a mutual savings bank established a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the same-sex Pamp Co., Ltd. (hereinafter “non-party company”) under which the bank’s comprehensive account loan in the subject of credit, the amount of credit (limit) KRW 2 billion, the agreed interest rate of KRW 12% per annum, and the agreed interest rate of 25% per annum on September 23, 2010. On the same day, the Defendant jointly and severally guaranteed all obligations under the instant credit transaction agreement with the non-party company’s bankruptcy bank.

According to the credit transaction agreement in this case, when a person loses the benefit of time due to failure to perform his/her obligation on the date of expiration of the credit, etc., he/she shall pay damages for delay for the whole balance of the loan

(see Article 2). (b)

After that, the principal and interest of the loan under the credit transaction agreement of this case is not repaid due to the expiration of the credit period, and the principal of the credit balance as of March 26, 2013 is 2,041,817,883 won, and there are other unpaid interest and delay damages.

C. Meanwhile, on March 5, 2012, the Bankruptcy Bank was declared bankrupt by the Gwangju District Court, and the Plaintiff was appointed as the bankruptcy trustee.

【In the absence of a dispute over a part of the grounds for recognition, entry of Gap evidence 1 through 3 (including each number in the case of each number), the purport of the whole pleadings

2. According to the above facts, unless there are special circumstances, the defendant, a joint guarantor of the credit transaction agreement of this case, is jointly and severally liable with the non-party company, which is the principal debtor, to pay damages for delay at the rate of 25% per annum from September 24, 2010 to the day of full payment, which is the day following the expiration date of the credit extension, to the day of full payment, of the remaining loans claimed by the plaintiff among the outstanding debts to the plaintiff as the principal debtor.

(The payment order of the court 2014j882 against the foreign company was already finalized). Accordingly, the defendant is against this.

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