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(영문) 서울중앙지방법원 2016.03.09 2015가단35032

대여금등

Text

1. The Defendants jointly and severally pay KRW 96,064,880 to the Plaintiff.

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

3...

Reasons

1. Facts of recognition;

A. On April 19, 201, the New Savings Bank Co., Ltd. (hereinafter “New Savings Bank”) loaned KRW 490,000 to Defendant B with a maturity of KRW 190,00,000 on April 19, 201, at the rate of 12% per annum, and at the rate of overdue interest of 25% per annum.

(hereinafter “instant loan”). (b)

On March 30, 2012, Defendant A and Defendant B acquired the debtor status regarding the instant loan agreement with the new Savings Bank, and continued to maintain the entire status of Defendant A, and Defendant A entered into an overlapping assumption agreement with Defendant A, jointly and severally with Defendant B, with the obligation to perform the obligation pursuant to each provision of the original agreement, and entered into a joint assumption agreement with Defendant A on March 30, 2012, Defendant A entered the name and affixed a seal in the phrase “the basic terms and conditions of savings bank credit transactions and the written agreement, received the explanation of the content, and understood and understood the content thereof” at the end of the original agreement.

C. Defendant B guaranteed Defendant A’s comprehensive collateral guarantee within the limit of KRW 637,00,000,000 for the loan obligations currently and in the future owed by Defendant A to the New Savings Bank.

The ground for change on April 19, 2012 after the change of the date of an additional agreement or the ground for change on April 19, 2012: The extension of the due date, the extended period of time limit of April 19, 2012, the limit of KRW 490,000,000 on April 19, 2012, and the agreed date of October 19, 2012: the limit of KRW 488,00,000 on October 19, 2012: the agreed date of the reagreement (12% on October 19, 2012) of the applicable interest rate of 12.2% on January 19, 203 (12.12.2) (the agreed date of January 19, 2013): the reagreement, the limit of KRW 48,00,00,00 on January 19, 2013; the agreed date of reduction;

D. Defendant A further agreed on the terms and conditions of the instant loan transaction as follows.

E. On July 19, 2013, the expiration date of the extension period extended by an additional agreement, Defendant A lost the benefit of time exceeding the agreed credit limit.

F. The New Savings Bank was declared bankrupt on October 29, 2013 by Seoul Central District Court 2013Hahap161, and the Plaintiff was appointed as a trustee in bankruptcy. Defendant A on December 23, 2014.