대여금
1. Defendant A Co., Ltd and B jointly and severally with the Plaintiff KRW 6,302,01,451 and KRW 4,812,048,321 among them are as follows. < Amended by Presidential Decree No. 25489, Jul. 1, 2014>
1. Facts of recognition;
A. On February 21, 2008, an Gyeonggi Mutual Savings Bank (hereinafter “Game Savings Bank”) entered into a loan agreement with Defendant A Co., Ltd. (hereinafter “A”) to grant a loan of KRW 7,000,000,000 per annum (which shall be extended by December 31, 2013) at 9% per annum from the date of loan implementation (which shall be extended by December 31, 2013) and at 24% per annum with interest rate of KRW 7,00,000,000 to Defendant A on February 25, 2008 (hereinafter “instant loan agreement”).
B. Defendant Maelim Construction Co., Ltd. (hereinafter “Maelim Construction”), and B jointly and severally guaranteed the obligation to be borne by Defendant A to the Gyeonggi Savings Bank pursuant to the instant loan agreement.
C. At the time of the instant loan agreement, the Gyeonggi Savings Bank and the Defendants agreed that, if there exist grounds for filing an application for rehabilitation procedures, bankruptcy procedures, etc., under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “DRB”) or a decision on commencing a decision, etc., the benefit of time would be lost. The rehabilitation procedures commenced under the Seoul Central District Court 2012 Gohap91, which is a joint and several surety, the Gyeonggi Savings Bank lost the benefit of time due to the instant loan agreement as of November 29, 2012 and notified the Defendants of the fact that the said notification would have lost the benefit of time due to the instant loan agreement and reached all the Defendants on December 3, 2012.
On July 1, 2013, the Gyeonggi Savings Bank was declared bankrupt by the Seoul Central District Court 2013Hahap88, and on the same day, the Plaintiff was appointed as the trustee in bankruptcy of the Gyeonggi Savings Bank.
E. Meanwhile, the remainder of the principal and interest of a loan under the instant loan agreement is KRW 6,302,01,451 (principal principal KRW 4,812,048,321 and overdue interest KRW 1,489,953,130) as of July 27, 2014.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 15 (including the serial number), the whole pleadings.