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(영문) 대구지방법원 2016.10.28 2015가단126340
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 838,00,000 and KRW 610,00,000 among them. From February 6, 2015.

Reasons

1. Basic facts

A. The Plaintiff carried out the following loans to the Korean Film Association (YIS).

1) The loan date of January 27, 2006, the amount of credit of KRW 1,00,000,000,000, and the repayment date of January 27, 2014) on the loan date of March 29, 2007, the credit amount of KRW 150,000,000, and the repayment date of March 29, 2014, March 14, 2008, the loan date of March 14, 2008, the credit amount of KRW 20,000,000,000, and the repayment date of March 14, 2014) on the loan date of March 25, 2010, the amount of credit of KRW 150,000,000,00,000, and the repayment date of June 25, 2014.

B. The Plaintiff and the Korea Min Il-dong Association agreed that the interest rate on the above loans shall apply to the fluctuation rate linked to the actual tax rate on government bonds, the actual tax rate on industrial finance bonds, the CD real tax rate, and the fixed deposit interest rate on mutual financial accounts, and that the compensation rate for delay shall be 21% per annum.

C. On October 22, 2013, the Korea Telecommunication Association A (hereinafter only referred to as the “Defendant D”) entered into a contract with the Plaintiff on the discharge of the said obligations owed by the Korea Telecommunication Association. Nonparty E, Nonparty F, Defendant B, and Defendant C entered into a joint and several guarantee contract with the Plaintiff on the obligations assumed by Defendant D.

However, since 2014, the Defendants delayed the payment of the principal and interest of the above loan obligations, and the Plaintiff applied for the auction of the exercise of the security right to the secured real estate by Goyang Branch G in the Goyang-gu District Court.

E. The Plaintiff appropriated KRW 870,011,100 as the successful bid price for secured real estate through the auction to the principal and interest obligation of the above loan claim.

F. On February 6, 2015, the principal of the above loan that the Defendants had not repaid is KRW 610,000,000, and the overdue interest is KRW 228,000,000.

[Reasons for Recognition] Facts and arguments without dispute.

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