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(영문) 부산지방법원 2016.12.21 2016가합2997
대여금
Text

1. Defendant B shall pay to the Plaintiff KRW 391,684,00 as well as 24% per annum from November 2, 2005 to the date of full payment.

Reasons

1. Basic facts

A. Defendant C is a person who was established on April 21, 2003 and registered as a director of “D Co., Ltd.” for which the decision to abolish the present bankruptcy became final and conclusive on December 13, 2006.

B. On October 20, 2005, a notary public drafted a deed of money consumer loan contract for recognition of compulsory execution entered into between the Plaintiff, the debtor, the E representative director B of the Co., Ltd., the joint guarantor, and the defendant C of the Co., Ltd., and the defendant B of the Co., Ltd. (hereinafter “notarial deed of this case”).

On October 20, 2005, the creditor of Article 1 (Purpose) of the Notarial Deed of a Money Loan Agreement (Purpose) lent to the debtor the sum total of KRW 391,684,00,000, which was borrowed by the debtor.

Article 2 (Period and Method of Performance) 12 times from November 1, 2005 to October 25, 2006, 10 million won shall be the 25th day of each month, 20 million won on the 25th day of November 1, 2006 to October 25, 2007, 20 million won on the 25th day of each month, and the remaining 31,684,00 won on the 25th day of November 25, 2007, respectively.

When the obligor delays the repayment of principal or interest, the obligor shall pay the obligee damages for delay in accordance with the ratio of 24% per annum to the delayed principal or interest.

When an obligor falls under any of the following subparagraphs, he/she shall, as a matter of course, lose the benefit of time due to the obligations of the borrowed amount and immediately repay all the remainder of the debt, even if no other notification or peremptory notice is given by the obligee:

3. When the debtor delays the payment of the funds and the installment, the guarantor under Article 8 (Joint Guarantee) has agreed to guarantee the debtor's obligations under this Agreement and to jointly and severally with the debtor.

The name of the creditor (title) who is the person entrusted with the indication of related party, the plaintiff's address (location) and the defendant's name (title), E representative director, the debtor's name (title omitted) who is the relevant person's resident registration number G (name).

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