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(영문) 서울고등법원 2015.01.16 2014나2025748
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2, 3 through 6, 8, 9, and Eul evidence Nos. 1, 2, and 5.

On July 14, 2009, a stock company B (hereinafter referred to as the “B”) borrowed KRW 730 million from the Bank of Korea (hereinafter referred to as the “Korea Bank”) as a loan for corporate split-off, and agreed to repay in installments every month from August 10, 2009 to July 10, 2014, and agreed to pay in installments every month from August 10, 2009 to July 10, 2014. The interest rate is the fluctuation rate in accordance with the Bank Credit Transaction Basic Terms and Conditions, and the delay interest rate is less than 17% per annum if the delay is less than three months, and 19% per annum if the delay is more than three months

(hereinafter referred to as the "First Loan of this case").

On the same day, the defendant, who is the representative director of B at the time, agreed that B shall jointly and severally and severally guarantee the debts owed by us to us in the present and future against us bank as the collateral guarantee limit of 876 million won (the amount equivalent to 120% of the first loan of this case). B entered into a mortgage contract with us as to the debtor with respect to Guro-gu Seoul E Apartment 101 (hereinafter the real estate of this case) (the real estate of this case), which is owned B, as the debtor, B, as the secured debts are currently and future debts owed by us bank, with the maximum debt amount of 876 million won (hereinafter the real estate of this case) and accordingly, the establishment of a mortgage contract with 1st priority as to the real estate of this case was completed.

C. After that, B borrowed KRW 150 million from the Bank on April 7, 2010 as a loan for corporate general funds, and agreed to repay it within 12 months from April 8, 2010, which is the date of the extension of the credit (which thereafter extended the due date to April 6, 2012), interest rate is the fluctuation rate in accordance with the basic terms and conditions for bank credit transactions, and damages rate is 17% per annum if the amount of delay is less than three months, and 19% per annum if the amount of delay is more than three months.

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