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(영문) 서울남부지방법원 2019.02.12 2018가합107894
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,670,000,00 and the interest rate from December 30, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On March 29, 2013, the Plaintiff and the Defendant Company (hereinafter “Defendant Company”) loaned KRW 15,774,000,000 to the Defendant Company at the rate of 6.3% per annum on agreed interest rate, and at the rate of 19% per annum, and Defendant C entered into a loan agreement with Defendant C to guarantee the Defendant Company’s obligations (hereinafter “instant existing loan agreement”), and paid KRW 15,774,00,000 to the Defendant Company.

B. On November 14, 2013, the Plaintiff and the Defendant Company additionally loaned KRW 2,827,00,000 to the Plaintiff, and the Defendant C concluded a modified agreement to guarantee the Defendant Company’s obligation (hereinafter “instant loan agreement”). The Plaintiff agreed to modify and replace all the terms of the instant loan agreement in accordance with the instant loan agreement.

C. The main contents of the instant loan agreement are as follows.

Article 15 (Calculation Period of Interest and Interest Rate) (1) The period for calculating the interest on each loan agreement shall be the period between the respective respective parties from the date of execution of each loan until April 1, 2014, and the period from the following day to the expiration date of each loan shall be the six-month period.

Provided, That the last interest calculation period shall be terminated only on the loan date.

(2) The loan interest rate applicable to the period of calculating the interest of the loan shall be 6.3% per annum.

§ 16 (Payment of Interest and Repayment of Loans) (1) The Borrower shall pay the interest on the loan interest calculated pursuant to Article 15 at the end of each interest calculation period (hereinafter referred to as "interest payment date").

(2) The borrower shall repay the full amount of the loan to 2 o'clock (14:00) on the loan date.

(3) On the date of each interest payment (excluding the maturity of loans), the borrower may redeem the principal and interest of the loan before maturity, and the lender may request the borrower to redeem the principal and interest of the loan before maturity.

Provided, That the notification of the redemption before maturity to the lender of the borrower and the notification of the borrower's request for the redemption before maturity may be made or the redemption before maturity may be requested.

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