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(영문) 울산지방법원 2019.05.23 2018가단3259

대여금반환

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 73,298,551 and the Defendants C and F with respect thereto from December 28, 2017.

Reasons

1. Facts of recognition;

A. On September 30, 2008, Defendant C entered into a loan transaction agreement (hereinafter “instant loan agreement”) with the Plaintiff on September 30, 2008, setting the loan amount of KRW 800 million, KRW 300 million on September 30, 2010 on the expiration date of the loan period (the expiration date was changed to May 31, 2016), and KRW 800 million on the same day at the highest rate of damages for delay, and received KRW 80 million from the Plaintiff.

Defendant D, E, F, and G set the guarantee limit amount of September 30, 2008 as KRW 960 million each, and jointly and severally guaranteed the obligation under the instant loan agreement against the Plaintiff by Defendant C.

B. Defendant C lost the benefit of June 1, 2016 due to Defendant C’s failure to repay the principal and interest based on the instant loan agreement, and around that time, Defendant C’s debt to the Plaintiff was KRW 782 million with interest of KRW 5,585,873 (this applicable rate was 9.37%) from May 4, 2016 to May 31, 2016.

C. On August 8, 2018, the Plaintiff filed an application for voluntary auction of real estate offered as security by the Defendants to Daegu District Court H, Daegu District Court H, and received dividends of KRW 1 billion in the above auction procedure, and thereafter, the amount of custody of KRW 19,664 was refunded to the Plaintiff.

As of August 8, 2018, the Plaintiff’s claim against Defendant C against KRW 782 million in principal, and KRW 5,585,873 in interest from May 4, 2016 to May 31, 2016, and KRW 325,732,342 in total from June 1, 2016 to August 7, 2018.

[Ground of recognition] The non-contentious facts, Gap 2, 3, 4, 7, 8, 9, 10 items, and the purport of the whole theory of changes.

2. According to the facts of the determination as to the cause of the claim, the Defendants jointly and severally agreed to the Plaintiff with the amount of KRW 1,113,318,215 minus KRW 1,040,019,664 (the amount of KRW 19,64,00,000 for dividends of KRW 1,000) from KRW 1,040,019,664 (the amount of KRW 1,000,000) and the following day after the delivery of the original copy of the instant payment order or a written application for modification of the purport of the claim and the cause of the claim, Defendant C, and Defendant D, and Defendant C, from December 28, 2017, from December 27, 2017, and from October 23, 2018 to this judgment.