대여금
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
1. Facts of recognition;
A. The Defendants’ money borrowed and joint and several sureties (1) At the time of the A Savings Bank Co., Ltd., Ltd., the trade name was “A Mutual Savings Bank,” and was changed to the current trade name on September 30, 2010; hereinafter “A Savings Bank”).
on October 31, 2008, Defendant B, Inc., Ltd. (hereinafter referred to as “B”).
2,20,000,000 won was loaned to the Corporation at the interest rate of 14% per annum, 22% per annum, 30% per annum, and due date of repayment until April 30, 2009.
hereinafter referred to as the "loan of this case"
(2) (2) Defendant C, D, and E are the instant collateral guarantee to the effect that Defendant B’s debt on the same day is jointly and severally guaranteed within the scope of KRW 2,860,00,000.
(3) The contract was concluded. (3) The repayment period of the principal and interest of the instant loan was extended on a multiple occasions by agreement between A Savings Bank and the Defendants, and finally became the date of July 31, 2010.B. Some repayment bank of the principal and interest of the instant loan was the compulsory auction procedure ( Daejeon District Court Dacheon Branch supportJ, K consolidation, hereinafter referred to as the “instant auction procedure”).
From May 24, 2012, the Plaintiff received dividends of KRW 2,800,000,000, and appropriated the entire principal, interest, and delay damages of the instant loan as part of the principal, interest, and delay damages.
The remaining damages for delay shall not exceed KRW 435,264,014 (hereinafter referred to as "the remaining debts of this case").
C. (c) The A Savings Bank was declared bankrupt on April 30, 2013 (this Court 2013Hahap54). The Plaintiff was appointed as the bankruptcy trustee. [The Plaintiff] was not a dispute over the grounds for recognition, Gap evidence 1, Gap evidence 2-1 through 3, Gap evidence 3-6, Gap evidence 7-1 through 10, Eul evidence 1 to 8, Eul evidence 8, and the purport of the whole pleadings.
2. Determination as to the cause of claim
A. According to the facts of recognition as to the Plaintiff’s assertion, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining amount of KRW 435,264,014, and damages for delay from the day immediately after receiving a claim for performance from the Plaintiff.
The Plaintiff is the Plaintiff’s lending of this case.