beta
(영문) 부산지방법원 2016.11.11 2016가단36375

대여금

Text

1. The Plaintiff:

A. Defendant A’s KRW 300,000,000 and for this, KRW 12.5% per annum from August 30, 2011 to October 29, 201.

Reasons

1. Indication of claim;

A. On November 30, 2009, the Plaintiff loaned 300,000,000 won to Defendant A at the interest rate of 12.5% per annum, and the delayed interest rate of 23.5% per annum, calculated by adding the additional interest rate by the period of delay in the interest rate (9% per annum less than three months per annum, not less than three months but less than six months per annum, not less than 11% per annum), and the due date of repayment was set on November 30, 201, respectively. B Co., Ltd provided a joint and several guarantee (limited guarantee) within the limit of 420,000,00 won for the above loans.

B. However, Defendant A paid only interest until August 29, 201, and lost the benefit of the loan due to the delayed payment of interest thereafter.

C. Meanwhile, on June 24, 2013, prior to the filing of the instant lawsuit, with respect to Company B, the bankruptcy was declared as the Changwon District Court 2013Hahap9, and C was appointed as the bankruptcy trustee. On July 11, 2016, following the filing of the instant lawsuit, the bankruptcy was abolished, and the Defendant taken over the instant lawsuit.

2. Judgment without any ground for recognition (Article 208 (3) 1 of the Civil Procedure Act);

3. A claim against B, a bankruptcy trustee of the defendant bankrupt B, against the bankruptcy trustee of the defendant bankrupt B, shall be accepted only within the limit of the limit of the above joint and several sureties, and the part in excess of the limit shall be dismissed.