beta
(영문) 서울중앙지방법원 2016.01.12 2015가단5312710

대여금

Text

1. As to KRW 717,852,025 and KRW 400,00,000 among them, the Defendant and the Plaintiff jointly and severally with Company B and C, respectively. < Amended by Act No. 1320, Mar. 3, 2015>

Reasons

1. Determination as to the cause of claim

A. The Seoul Central District Court (which was declared bankrupt on May 20, 2013 and appointed the Plaintiff as bankruptcy trustee) concluded a credit transaction agreement (hereinafter “instant loan agreement”) with D Co., Ltd. (hereinafter “B”) as listed below, and loaned KRW 2,000,000,000,00.

C and the Defendant jointly and severally guaranteed the instant loan agreement.

B, the principal debtor of the instant loan agreement, lost the benefit of time under the loan agreement, and on March 12, 2015, the balance of the loan principal KRW 400,00,000, interest in arrears KRW 317,852,025, total amount of KRW 717,852,025, and KRW 717,852,025 is not repaid.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

B. According to the above facts, the defendant, who is a joint guarantor of the loan agreement of this case, is jointly and severally liable to pay the loan balance of KRW 717,852,025 and the balance of the loan principal of KRW 400,00,000, which is the balance of the loan principal, by adding the delay interest rate of KRW 24% per annum from March 12, 2015 to the date of full payment.

C. At the time, the defendant was in office as the representative director of D, which was at the time, and it did not have any authority to do so, and at the time of the loan agreement of this case, the defendant was formally and severally guaranteed as the representative director at the time of the loan of this case, and at the time of the loan of this case, the defendant is not actually responsible for it. However, there is no evidence to prove that the defendant did not dispute over the fact that the defendant had jointly and severally guaranteed at the time of the loan of this case and there was no evidence to prove that the defendant knew or could have