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(영문) 서울고등법원 2016.07.14 2016나2010481

대여금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On May 20, 2013, the Plaintiff was appointed as a trustee in bankruptcy of the Bankrupt Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”), Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was established for the purpose of real estate development investment advisory business, real estate development business and implementation business, etc., and Defendant B is the representative director (representative liquidator after dissolution) of the Defendant Co., Ltd.

B. The Promotion Savings Bank concluded each credit transaction agreement with the Defendant Company as listed below, and paid the loans (hereinafter “each of the loans of this case”). The Defendant B jointly and severally guaranteed all the obligations owed by the Defendant Company to the Promotion Savings Bank in accordance with the respective credit transaction agreements.

On June 13, 2006, 1 general loan interest rate of 8,000,000,000 on January 13, 2009, 200 125% on January 13, 2007, 2002 general loan of 25% on September 4, 2007, 3 general loan of 25% on June 80, 200,000,000 on June 20, 2008, general loan of 25% on June 13, 2008, 200,000,0000, 125% on comprehensive passbook loan of 4% on September 13, 2008, 200, 000,000 comprehensive passbook loan of 4% on September 10, 200,000, 005 won

C. The Defendant Company failed to repay each of the instant loans by the due date, and as of March 25, 2014, bears the remainder obligations as indicated below to the Plaintiff.

General loan 0362,054,793 won as of September 4, 2007, general loan 0362,054,793 won as of June 20, 2008 304,205 won as of June 20, 2008 69,563,914,91,942 won as of September 5, 2008 859,010,850 won as of June 13, 2006, 196,790 won as of June 13, 2007, 196, 196,797,8478,747 won as of September 4, 2007, 204, 305 won as of June 20, 205, 69, 347, 196, 196, 196, 136, 196, 163 (3)