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(영문) 서울중앙지방법원 2017.04.27 2016가단5193121

대여금

Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd.: KRW 354,487,158 and KRW 113,931,068,

B. Defendant B, C, and.

Reasons

1. Facts of recognition;

A. On February 28, 2008, Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed KRW 50 million at the interest rate of 10.5% per annum and 25 million per annum from the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”) on February 28, 2009 (which was extended by May 28, 201) on the extension period from February 28, 2009 (which was extended by May 28, 201) and borrowed KRW 7.7 billion per annum, and F and E were jointly and severally guaranteed (comprehensive guarantee) with the limit of KRW 7.7 million for the above loan obligations.

B. As of May 12, 2016, Defendant Company’s failure to repay the above loan amounting to KRW 113,931,068, interest and interest in arrears amounting to KRW 240,556,090.

C. Meanwhile, on June 13, 2012, E died, and jointly succeeded by Defendant F, Defendant F, C, and D, his wife, and F, upon receipt of a decision to grant immunity from the Seoul Central District Court 2015, 2015, 3757, and Defendant B, C, and D filed a request for a decision to grant inheritance authorization with the Suwon District Court 2016Ra2315 on October 4, 2016, and accepted on October 4, 2016.

On the other hand, the Gyeonggi Savings Bank was declared bankrupt on July 1, 2013 by the Seoul Central District Court 2013Hahap88, and on the same day, the plaintiff was appointed as the bankruptcy trustee.

[Grounds for Recognition]

2. According to the above facts, the Defendant Company: (a) calculated the Plaintiff’s total amount of principal and interest of KRW 354,487,158 (i) (i) as to KRW 113,931,068,556,090; (b) as to KRW 113,931,068; and (c) Defendant B, C, and D jointly and severally with the Defendant Company within the scope of property inherited from E; and (a) as to KRW 256,666,666,666 of the above guarantee limit (i.e., inheritance shares of KRW 770,00,000 x 770,000,000 x less than KRW 3/9,09,000; and (iii) as to KRW 113,931,06,060; and (iv) as to the inheritance shares of KRW 26, 2016.

to the extent of KRW 210,00,000 under this Act, the principal and interest of the loan shall be 354,487.