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(영문) 서울중앙지방법원 2013.09.27 2013가단110632

대여금

Text

1. The Plaintiff:

A. The life guard of the Korea Telecommunication Association shall be 451,415,271 won and 289,297,945 won among them.

Reasons

1. Facts of recognition;

A. On March 31, 2009, the bankrupted mutual savings bank (hereinafter “FD Mutual Savings bank”) borrowed 300 million won with the maturity of September 30, 2009, the agreement was 9% per annum (the fluctuation rate and the agreement actually applied were 8.8% per annum), and the overdue interest rate of 16% per annum to the Defendant’s Association of the Korea Veterans Association (hereinafter “Defendant church”).

(hereinafter “instant loan”). (b)

Defendant A and Defendant Newcom Construction Co., Ltd. (hereinafter “Defendant Co., Ltd”) guaranteed the obligation of the instant loans to the Seoul Mutual Savings Bank on the same day within the limit of KRW 390,000,000, respectively.

C. As of January 10, 2013, the principal and interest amount of loan to the Defendant of a Franchising Mutual Savings Bank is KRW 289,297,945 as of January 10, 201 and overdue interest KRW 162,117,326.

On the other hand, on September 7, 2012, Flad mutual savings banks were declared bankrupt by Seoul Central District Court 2012Hahap97, and the plaintiff was appointed as trustee in bankruptcy of Flad mutual savings banks.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant church as to the sum of the principal and interest of this case to the plaintiff KRW 451,415,271, and the principal of the loan to the plaintiff KRW 289,297,945.

From January 11, 2013 to April 2, 2013, the delivery date of the complaint in this case, to April 2, 2013, the rate of 16% per annum, which is the rate of delay damages, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment; Defendant A and Defendant A jointly and severally with Defendant churches for KRW 390,00,000, which is the limit of guarantee amount of the principal and interest of the case; and Defendant A for this, from June 23, 2013, the following day following the delivery date of the complaint in this case; Defendant Company from February 16, 2013 to August 14, 2013; and from August 20, 2013, the filing date of an application for alteration of the claim and the cause of claim as of August 14, 2013.