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(영문) 부산지방법원 2017.08.08 2017가단311875
대여금
Text

1. The defendant shall pay to the plaintiff KRW 1,738,208,578 and KRW 734,785,858 among them, from April 28, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

(a) the recognition 1) Yong-Nam Savings Bank Co., Ltd. (hereinafter referred to as “Ynam Savings Bank”);

(2) On March 13, 2008, the Defendant borrowed KRW 2,000,000,00 to the Defendant on June 30, 2012. However, upon the lapse of the due date, the Defendant was unable to pay the principal and interest of the loan, and the Defendant lost the benefit of time due. According to the above loan agreement, the interest rate for delay is 25% per annum, and when the Yong-Nam Savings Bank pays the expenses for exercising or preserving the rights such as claims, security rights, etc. against the Defendant, the guarantor, and the surety, due to the obligor’s nonperformance, the Defendant is liable to pay the expenses. (2) The Yong-Nam Savings Bank was declared bankrupt on September 26, 2013 by Busan District Court Decision 2013Hahap16, Busan District Court was appointed as the bankruptcy trustee.

3) The Plaintiff filed an order with the Defendant, etc. to pay a part of the loan principal under Busan District Court Decision 2016 tea58, and “the Defendant, etc. shall jointly and severally pay 300,00,000 won and 25% interest per annum from March 15, 2016 to the date of full payment.” The above payment order against the Defendant was finalized on April 20, 2016. Meanwhile, the above 30,000,00 and 25% interest rate of 60,410,000 won to the Defendant from March 15, 2016 to January 2, 2017 (the above 60,410,958, 410,000 won were deducted from the balance of the loan principal as of January 2, 2017, 196, 300,196, 3096, 406, 1968, 1968

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