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(영문) 서울중앙지방법원 2015.05.15 2014가단5218637

대여금

Text

1. The Selected Co., Ltd shall pay to the Plaintiff KRW 230,936,531 and KRW 162,60,000 among them, from May 12, 2014.

Reasons

1. Facts of recognition;

(a) Seoul Mutual Savings Bank (hereinafter referred to as the "Seoul Mutual Savings Bank")'s intermediate payment loan 1), C (hereinafter referred to as the "Selection Company");

) The Suwon-si and H, and six lots above the ground I commercial buildings (hereinafter referred to as the “instant commercial buildings”).

2) On August 18, 2005, J was sold in lots at KRW 187,938,982, respectively.

The designated company advertised the sale of the “nurt interest-free loan”, and the designated company in the real contract for sale was to bear interest on the first and second intermediate payment (each KRW 27.1 million).

3) On August 30, 2005, Seoul Mutual Savings Bank extended a loan to J on 12 months from the date of the lending period, interest rate of arrears 23% per annum, etc., totaling KRW 160,260,000 (=27,100,000 x 6) as the loan for the second intermediate payment (hereinafter “the instant loan”).

4) The Appointor Company and the Defendant (Appointed Party; hereinafter the Defendant) B and the Appointor jointly and severally guaranteed their refund obligation.

5) On June 9, 2003, Defendant A retired from a director of a designated company on or around March 2006, acquired the status of the buyer of the above three commercial buildings, and on April 5, 2006, Defendant A exempted the instant loan obligations. (b) Defendant A and the designated company renounced all the rights to the commercial buildings sold in lots while rescinding the agreement on the sales contract for the first floor to 72-74 of the instant commercial buildings around March 2007, Defendant A and the designated company assumed the responsibility for the instant loan.

On April 17, 2007, the designated company notified the Seoul Mutual Savings Bank of the cancellation of the agreement.

2) Even after August 30, 1996, the designated company continued to extend the maturity upon consultation with the Seoul Mutual Savings Bank (including the serial number; hereinafter the same shall apply) after the maturity of the instant loan (in light of the respective entries in the evidence Nos. 2-8 and 16 (including the serial number; hereinafter the same shall apply), the lending maturity of this case stated in the evidence Nos. 1-3 is above.