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(영문) 서울남부지방법원 2016.11.24 2016가단36373
대출금 및 보증채무금지급
Text

1. The Defendant is jointly and severally and severally with Nonparty B (C) as to KRW 63,329,906 and KRW 62,64,626 among them. From September 30, 2016, the Defendant is jointly and severally with Nonparty B (C).

Reasons

1. Facts of recognition;

A. On August 28, 2015, the Plaintiff loaned the amount of KRW 70,000,000 to the Defendant at a rate of 15.9% per annum, interest rate of delay damages, 25% per annum, and 48 months as conditions for repayment of principal and interest, and agreed to pay the principal and interest of KRW 1,980,230 per annum from October 10, 2015 to October 10 of each month (hereinafter “instant loan agreement”), and Nonparty B guaranteed the Defendant’s obligation under the instant loan agreement to the Plaintiff on the same day.

B. Article 8 of the General Terms and Conditions of Credit Transactions, which is part of the instant loan agreement, includes the following:

Article 8 (Obligation to Pay Obligations before Due Date) (1) If a debtor falls under any of the following subparagraphs with respect to the debtor, the debtor, as a matter of course, shall lose the benefit of all obligations to the company immediately and shall pay such benefit of all obligations to the company, even if there is no demand notice from the company:

2. Subparagraph 2: When a seizure order or a notice of attachment is delivered with respect to the secured property provided by the debtor, or when a compulsory execution or a disposition for arrears is commenced by other means with respect to the debtor.

In such cases, the company shall notify in writing the debtor and the joint guarantor of the fact that any delay in the performance of the following obligations and any loss of the benefit arising therefrom is caused by no later than three business days (seven business days if the debtor is a household) prior to the date of loss of the benefit due, and if the company fails to notify by not later than three business days prior to the date of loss of the benefit due, the company shall lose the benefit due and the debtor shall be liable to complete the payment immediately.

2. Subparagraph 2: Payment of the principal and interest of installment repayment or installment repayment shall be made twice (three times in the case of a mortgage loan against household system).

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