beta
(영문) 서울중앙지방법원 2015.12.23 2015가단5120539

대여금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 59,295,368 and KRW 39,987,00 among them, from March 4, 2015.

Reasons

1. Facts of recognition;

A. On January 4, 2012, the Future2 Savings Bank (hereinafter referred to as the “Sema Savings Bank” in common, hereinafter referred to as the “Sema Savings Bank”) established a repayment period of KRW 50,000,000 as general loan subject at the rate of KRW 18% per annum (30% per annum) on January 4, 2013, and Defendant B and C set the guarantee limit of KRW 65,000,000 each of the principal and interest obligations of Defendant A on the same day.

B. From July 4, 2013, Defendant A delayed the repayment of the principal and interest of the instant loan, and thereafter, the Swiss Savings Bank and the Defendants reduced the credit limit of the instant loan to KRW 40,000,000, and changed the terms and conditions of the loan to extend the repayment period to July 4, 2014.

C. On April 29, 2014, the Swiss Savings Bank was declared bankrupt by Seoul Central District Court 2014Hahap53, and the Plaintiff was appointed from the above court as a trustee in bankruptcy and succeeded to the rights and obligations of the Swiss Savings Bank.

Meanwhile, as of March 3, 2015, the balance of the principal and interest of this case of Defendant A as of March 3, 2015 is KRW 59,295,368 in total (=principal interest of KRW 39,987,00 in overdue interest of KRW 19,308,368).

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, Defendant A, as the principal obligor of the loan contract of this case, is obligated to pay the Plaintiff the amount of KRW 59,295,368 in total, and the principal amount of KRW 39,987,00 in total, the interest rate of KRW 30% per annum, which is the overdue interest rate from March 4, 2015 to the date of full payment, from March 4, 2015, which is the day following the date of final calculation of interest. Defendant B and C, as the joint guarantor of the loan contract of this case, jointly and severally with Defendant A, shall pay the Plaintiff the said amount within the limit of KRW 65,00,00, which is each