대여금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
(b).
1. Facts of recognition;
A. On November 30, 201, Co., Ltd. (hereinafter “Bankruptcy Obligor”) set a loan (hereinafter “instant loan”) with a maturity of KRW 60,000,000 on December 5, 2015, with a maturity of KRW 16.9% per annum, and 24% per annum (in cases where the delay period is at least three months, 1.0% shall be added), respectively, and Defendant D Co., Ltd (hereinafter “Defendant D”) set a guarantee limit of the above loan obligations of Defendant C against the Bankrupt on the date of the instant loan amount to KRW 78,00,000,000.
(hereinafter referred to as the "Agreement of this case" in addition to the above lending agreement and joint and several guarantee agreement.
On November 30, 201, pursuant to the instant lending agreement, the bankrupt debtor remitted KRW 59,965,000, after deducting KRW 35,000 from KRW 60,000,000, out of loans to G account (New Bank H) that was requested by Defendant C, as a result of the instant lending agreement.
C. Until August 16, 2016, the sum of the principal and interest on the above loan to the Defendants is KRW 71,970,445 [=principal KRW 31,057,914 (interest and delay interest up to August 16, 2016)].
On July 1, 2013, the bankruptcy debtor was declared bankrupt by Seoul Central District Court 2013Hahap89, and the plaintiff was appointed as the bankruptcy debtor.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, according to the agreement of this case, Defendant C is obligated to pay the Plaintiff the principal and interest of the instant loan of KRW 71,970,445 and the principal of the loan of KRW 40,912,531 among them to the date of full payment. Defendant D is jointly and severally liable with Defendant C to pay the said amount within the limit of KRW 78,00,000,000, within the limit of KRW 78,970,000.
B. The Defendants did not receive the repayment opportunity from the bankrupt debtor and the Plaintiff, and they are creditors.