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(영문) 서울중앙지방법원 2020.02.18 2019가단5228080
구상금
Text

1. The Defendant’s KRW 46,407,902 and KRW 46,180,172 among the Plaintiff and the Plaintiff’s KRW 7.5% per annum from July 8, 2019 to September 5, 2019.

Reasons

1. Determination as to the cause of claim

A. On January 12, 2018, the Defendant entered into a loan agreement with C Co., Ltd. (hereinafter “C”) with a limit of 49,900,00 won, the loan period from January 12, 2018 to January 12, 2028, COFIX2.23% (6 months during the change rate) based on the changed interest rate, and the Defendant’s expression of intent to subscribe for the loan agreement with an authorized certificate under the name of the Defendant (hereinafter “instant loan agreement”). The Defendant’s expression of intent was made with an electronic signature on behalf of the Plaintiff and the Defendant, with an additional agreement on the instant loan agreement (hereinafter “the instant additional agreement”). The instant additional agreement provides for the Plaintiff as follows: “Where the Defendant fails to repay his obligations to C, it shall not raise an objection to the loan amount of KRW 49,90,00,00; where the Plaintiff paid the additional insurance proceeds under the name of the Party 2, the interest rate of delayed interest rate of KRW 70, etc., and interest rate of the Defendant 2.

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