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(영문) 서울동부지방법원 2018.07.06 2017가합110418
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 345,144,773 and the interest rate of KRW 27.9% per annum from February 22, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at credit business, etc., and the Defendant (hereinafter “Defendant,” regardless of whether before or after the mutual change, was changed from C Co., Ltd. to B) is a company that aims at real estate asset management.

B. On November 18, 2015, the Plaintiff entered into a loan transaction agreement with the Defendant, setting the loan amount of KRW 1,000,000,000 per annum, interest rate of KRW 24% per annum, and overdue interest rate of KRW 27.9%. D jointly and severally guaranteed the Defendant’s obligation (hereinafter “instant loan agreement”).

(2) The main contents of the instant agreement under the instant loan agreement are as follows.

Plaintiff B: Obligor D jointly and severally liable; Defendant D

1. Suwon District Court: (a) purchased 2,80,000,000 won of the maximum debt amount of the right to collateral security, which was received on October 4, 201 by the F Company No. 39811, in the list of real estate E real estate auction cases; (b) purchased 1st pledge loan from G Mutual Savings Bank as collateral; and (c) secured 1st pledge loan from G Mutual Savings Bank as collateral was made while lending KRW 1,32,00,000,000 from G Mutual Savings Bank.

2. The maximum amount of the second right to collateral security in the name of Party A shall be KRW 1,00,000,000,000, and the amount of the loan resulting therefrom shall be successively stated in the detailed agreement in 2015 as “2016.” However, the detailed agreement in 2015 appears to be written in error.

11. 12. 135,000,000 won: The third amount of KRW 150,000,000 on November 20, 2015: 10,000 on the bid bond for the auction of the mortgaged goods: The fourth amount of KRW 100,000,000 on the bid bond for the auction of the mortgaged goods: The loan shall be made by dividing the amount calculated by deducting the first, second, and third loans from the maximum debt amount among the remainder of the successful bid for the auction of the secured security auction case, and the amount resulting therefrom, on four occasions.

3. A shall pay a loan directly to a person designated by B or C, or by means of remittance, etc. from the account.

3. The plaintiff.

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