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(영문) 서울중앙지방법원 2015.12.10 2014가단251219

대여금및보증채무금

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1. The Defendants shall jointly and severally pay KRW 3,650,256,691 and KRW 1,742,150,257 among them. < Amended by Act No. 1310, Jan. 17, 2015>

Reasons

1. Facts of recognition;

A. On July 28, 2008, Defendant C Co., Ltd. (hereinafter “Defendant C”) obtained a loan of KRW 2.8 billion from the Korea Savings Bank (hereinafter “Korea Savings Bank”) and purchased 11023 square meters of D forest land at the time of Pakistan, the said loan was set up a collateral on the above land and the above ground building as a security for the above loan. However, Defendant C was unable to repay the loan, and the date was under way, at the request of the Korea Savings Bank, the voluntary auction procedure was in progress by the Korea Government District Court Goyang Branch E with respect to the above land and the above ground building.

B. Of that, Defendant C paid KRW 100 million to the head of the F Branch of the Savings Bank in the amount of KRW 100 million on May 11, 2011, and agreed to repay the entire amount of loans through a third party bank within four months, but the debtor was determined by the G payment order of the company.

hereinafter referred to as "G".

The defendant C has changed to the extent that it maintains the secured real estate as it is and the joint and several surety has been submitted and the following seals are affixed thereto.

5. 12. Japan Savings Bank withdrawn the above voluntary auction application.

C. After that, on June 29, 201, the Jeju Savings Bank entered into a credit transaction agreement (hereinafter “instant loan agreement”) with G as of October 29, 201 with the credit amount of KRW 2.8 billion, general loan of credit subjects, interest rate of KRW 8.5%, overdue interest rate of KRW 6 months and KRW 25%, and the credit transaction agreement as of October 29, 201 with the expiration date of the credit period (hereinafter “instant loan agreement”) and Defendant A, B, and C signed and sealed the instant loan agreement as a joint guarantor, and the registration of change of collateral security changed from Defendant C to Defendant G was completed with respect to the said real estate.

On the other hand, the Japan Savings Bank was designated as an insolvent financial institution pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, and transferred claims under the instant loan agreement to the Plaintiff comprehensively on February 8, 2012 pursuant to the Financial Services Commission’s decision on the transfer of contracts, and on February 9, 2012, the transfer of claims through the public notice in newspapers was made.