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(영문) 서울중앙지방법원 2015.03.20 2014나14534

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Future Savings Bank Co-Defendant A Co-Defendant A (hereinafter “A”) of the first instance trial (hereinafter “B”) loaned KRW 10% per annum, 22% per annum, overdue interest rate, 22% per annum, and 30% on November 9, 2007. ② November 10, 2006 (10% per annum, 22% per annum, overdue interest rate per annum, and 10% per annum, 22% per annum, and 10% on November 10, 2007. < Amended by Presidential Decree No. 19507, Dec. 30, 2006; Presidential Decree No. 19058, Nov. 10, 2006; Presidential Decree No. 1900, Dec. 30, 2007; Presidential Decree No. 19000, Nov. 30, 2006>

B. As to the non-party company, the defendant set a joint and several guarantee amount of KRW 1,00,000 with respect to the loan obligations listed in paragraph (1) A (hereinafter “the loan obligations of this case”), and the co-defendant B and C of the first instance trial are as follows.

Each loan obligation described in paragraph was jointly and severally guaranteed.

C. On November 24, 2008, the non-party company received KRW 2,726,866,051 on the F real estate auction case from the Daejeon District Court, and received KRW 36,065,651 on October 30, 2009, and received KRW 36,025,65,651 on the loans and received KRW 4,025,41 on 36,025,41 on 4,025,413,801 on the loans and received KRW 247,720,148 (=7,000,000,00 - KRW 2,726,86,051 - 4,025,413,801).

As of January 8, 2013, the amount of the instant loan obligation remains 586,835,231 won (interest of KRW 247,636,118 in arrears of KRW 339,161,073 in arrears).

E. Meanwhile, on April 30, 2013, Nonparty Company was declared bankrupt by Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as bankruptcy trustee.

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

2. The assertion and judgment

A. (1) According to the above facts of recognition, the defendant is a joint and several surety for the loan of this case and 586,835,231 won and 586,835,231 won of the balance of the loan of this case as a joint and several surety for the loan of this case, except in extenuating circumstances.