위탁금반환 청구의 소
1. The plaintiffs' primary claims and conjunctive claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. (1) On December 22, 2008, the Gyeonggi Savings Bank Co., Ltd. (hereinafter “B”) entered into a credit transaction agreement with B on December 22, 2008, setting forth 3 billion won of loans, 12% per annum on December 22, 2009, 25% per annum on damages for delay, and entered into an additional credit transaction agreement with B on May 18, 2009, 3 billion won of loans, and 12% per annum on May 18, 2010, and D, the husband of B’s representative director, entered into a guarantee agreement with B on November 18, 201, setting a maximum amount of loans under each of the above credit transaction agreements with B as 4.2 billion won.
B The principal and interest of the above loans to the Gyeonggi Savings Bank as of April 10, 2013 are KRW 6,425,134,789 ( ① KRW 2,737,922,922,341, interest on loans, KRW 265,540,959, interest on loans, KRW 20,547,620, interest on overdue interests, KRW 39,006,016, ② the principal and interest of the loans as of May 18, 2009, KRW 2,720,685,747, KRW 52,010, KRW 52,010, KRW 620, KRW 6847, KRW 68,3466).
(2) On December 22, 2008, Yong-Nam Savings Bank Co., Ltd. (hereinafter “Ynam Savings Bank”) entered into a credit transaction agreement with B on December 22, 2008, setting the loan amount of seven billion won, the due date of payment on December 22, 2009, the interest rate of 12% per annum, and the compensation for delay at 25% per annum. D entered into a comprehensive collateral transaction agreement with Yong-Nam Savings Bank on November 18, 201 by setting the guarantee limit of the loan obligations under the above credit transaction agreement with B as 9.8 billion won.
B The principal and interest of the above loan to the Yong-Nam Savings Bank is 8,029,678,264 won (the principal of the loan is 6,84,413,095 won, overdue interest of 1,023,849,841 won, overdue interest of 95,123,286 won, overdue interest of 95,123,286 won, overdue interest of 703,651 won, overdue interest of 65,589,041 won) as of April 10, 2013.
(3) On March 3, 2011, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) is also the representative director of the E company.