대여금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 896,025,487 and KRW 419,99,942 from August 13, 2014.
1. Basic facts
A. Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) is a stock company that runs business such as credit fraternity business, credit installments, etc.
Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the plaintiff was appointed as trustee in bankruptcy on the same day.
B. On June 30, 2009, Seoul Mutual Savings Bank loaned KRW 420 million to Defendant A Co., Ltd. (hereinafter “Defendant A”) on December 30, 2009, the due date for payment was December 30, 2009, the fixed interest rate (to select Article 3(1)1 of the Seoul Low Bank Credit Transaction Basic Terms and Conditions), the delay interest rate was set at the interest rate in accordance with the Seoul Low Bank Credit Transaction Basic Terms and Conditions (hereinafter “instant loan”). Defendant B guaranteed the payment of the above loan obligations by the Seoul High Bank.
C. The instant loan granted on August 12, 2014 is KRW 896,025,487 ( principal KRW 419,99,942) and the interest rate for arrears is 23% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 896,025,487 as well as the principal amount of KRW 419,99,942 as agreed interest rate of KRW 23% per annum from August 13, 2014 to the date of full payment.
B. The Defendants’ assertion against the Defendants asserted that the Seoul Mutual Savings Bank repaid KRW 400 million to the Seoul Mutual Savings Bank immediately after receiving the instant loan from the Seoul Mutual Savings Bank. However, it is insufficient to recognize that Defendant A paid KRW 400 million to the Seoul Mutual Savings Bank on the sole basis of the evidence No. 1, and there is no other evidence to acknowledge otherwise.
The defendant's above assertion is without merit.
3. Conclusion, the plaintiff's claim is justified and acceptable.