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(영문) 서울중앙지방법원 2016.06.10 2015가단5238591

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,150,827,425 as well as KRW 1,020,313,283 as of February 10, 2015.

Reasons

1. Basic facts

A. On July 3, 2006, Honam Solomon Mutual Savings Bank (finally changed to the Hanul Savings Bank; hereinafter “Sule Savings Bank”) concluded a loan agreement (hereinafter “instant agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) on a rate of KRW 10.5% per annum, interest rate of KRW 1400,000,000 per annum, interest rate of KRW 25% per annum, interest rate of delay damages, and July 3, 2007.

The instant agreement was subsequently amended in sequence as follows, and Defendant B guaranteed the Plaintiff’s debt owed to the Plaintiff on June 22, 2009 and June 24, 2010 under the instant agreement.

On December 22, 2007, 2008, 11% on June 22, 2008, 200.5% on June 22, 2010, 201, on June 22, 2010, 2010. 10% on June 24, 2010 on July 22, 2010. < Amended by Presidential Decree No. 22190, Jul. 22, 2010>

On July 1, 2014, the bank was declared bankrupt by the Jeonju District Court 2014Hahap1003, and the Korea Deposit Insurance Corporation was appointed as the trustee in bankruptcy.

C. As of February 9, 2015, the obligation under the instant agreement did not properly repay, and as of February 9, 2015, the obligation remains in KRW 1,020,313,283 of the principal amount, KRW 1,06,066,258,802 of the principal amount, KRW 64,255,340 of the provisional payment, and KRW 2,150,827,425 of the provisional payment.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-1 through 6, 3, 4-1, 2, 5-11, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum, which is the agreed interest rate, from February 10, 2015 to the date of full payment, as to the total amount of principal and interest of the obligations under the instant agreement and the balance of principal KRW 1,020,313,283, among the principal and interest of the instant agreement, barring any special circumstances.

B. Judgment on the Defendants’ assertion (1) as to the Defendants’ assertion (A) as to the Defendant Company’s obligation under the instant agreement.