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(영문) 수원지방법원 2021.02.10 2020가합26501
양수금
Text

1. As to the Plaintiff’s KRW 1,221,977,314 and KRW 500,00,000 among them, Defendant A Co., Ltd. shall start from August 12, 2020.

Reasons

1. The following facts may be acknowledged according to the overall purport of the statements and arguments set forth in Gap's evidence Nos. 1 to 4, and there is no counter-proof.

A. The Small and Medium Business Corporation entered into a loan transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and paid each loan.

In addition, Defendant B guaranteed all obligations owed by the Defendant Company to the Small and Medium Business Corporation.

The first loan of KRW 249,00,000 360,000,000 shall be extended to March 20, 2009, the first loan of KRW 360,000,000,000 shall be extended on March 16, 2007, when the agreement on February 21, 2009, the first loan of KRW 5.55% per annum 12.94% per annum 12% per annum and interest per annum 12% per annum from March 21, 2009 to March 20, 2012, the second loan of KRW 360,00,000,000, monthly repayment of interest and interest from March 21, 2009 to March 20, repayment of principal and interest from March 20, 2010 to February 28, 2010.

B. According to the terms and conditions of credit transactions of the Small and Medium Business Corporation approved by the Defendant Company, if the loans that the Defendant Company received are not repaid in accordance with the agreed method of repayment of principal and interest, or are not paid in interest, the Defendant Company and joint and several guarantors agreed to pay the principal and interest immediately. As to the application of autonomy, the agreement and delay made payment by applying the changed interest rate according to changes in the relevant statutes and financial circumstances.

(c)

The Defendant Company lost its interest due to its failure to repay its obligations, and the Small and Medium Business Corporation applied for a payment order for loans as Seoul Southern District Court 2010 tea 10570, and the same court was the person on August 27, 2010, and the Defendants jointly and severally with the Small and Medium Business Corporation as to KRW 608,356,609, and KRW 600,160,436 from August 23, 2010 to September 3, 2010, respectively.

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