대여금 등
1. The Plaintiff:
A. As to KRW 1,800,000,000 and KRW 1,200,000 among them, Defendant A Co., Ltd. from July 28, 2014.
1. Determination as to the claim against Defendant A and B
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);
2. Determination as to the claim against Defendant C
A. The facts of recognition (1) The Han Savings Bank Co., Ltd. (the Daejeon District Court 2013Hahap2, Feb. 28, 2013, which was declared bankrupt, and the Plaintiff was the trustee in bankruptcy) loaned a loan of KRW 1.2 billion to A Co., Ltd. on June 18, 2009, KRW 1.2 billion on June 18, 2010 (after the extension of the term: June 18, 201), interest rate of KRW 10.5% on a yearly basis, and overdue interest of KRW 23% on a yearly basis. B and Defendant C provided a continuing guarantee of KRW 1,560,000 on the guarantee limit of the above debt.
(2) On March 18, 2011, Co., Ltd. failed to repay interest obligations on the above loan, and thus, was in arrears from March 19, 201. At the time of July 28, 2014, the debt of KRW 2,117,82,782,789 remains in total of KRW 1.2,17,82,789.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5, 6 (including provisional number), the purport of the whole pleadings
B. According to the above facts of recognition as to the cause of the claim, Defendant C is jointly and severally liable to pay KRW 1,560,000,000 among the above loans owed to the Plaintiff by the Plaintiff Company A and B.
C. (1) The Defendant asserted that the Defendant’s assertion on the invalidity due to the violation of the credit practice is invalid on the ground that at the time of the above guarantee, Defendant C did not have the qualification as a guarantor because it was the person with bad credit standing, but, at the request of Korea Savings Bank, Defendant C signed on a letter of collateral guarantee. As such, it asserts that such guarantee contract is null and void due to the violation of the credit practice of Korea Savings Bank.
According to the statement of No. 1, No. 1, the Credit Working Regulations
5. Investigation of credit: "A loan trader, an applicant for loan, his/her guarantor, and any other person deemed necessary" among credit investigations.