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(영문) 울산지방법원 2015.03.20 2014가단11092

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 590,289,467 and KRW 273,405,286 from July 28, 2013.

Reasons

1. Basic facts

A. A. Around June 25, 2008, Defendant B drafted a trade agreement, etc. (hereinafter “the instant transaction agreement, etc.”) containing the following as the representative director of the Defendant A Co., Ltd. (hereinafter “Defendant A”) and the principal’s status as the principal, as the Plaintiff’s representative director and the Korea Savings Bank (hereinafter “Seoul Savings Bank”).

- The Bankruptcy Bank shall loan the Defendant Company at a discount of 415 million won to the Defendant Company by means of a loan of discounted bills, and the Defendant B shall stand a joint and several surety for the Defendant Company - Repayment Date: August 28, 2008 - Interest rate, overdue interest rate: 12% per annum, 24% per annum;

(b) Documents related to the bankrupt bank, etc. shall include the following business operations with respect to loan transactions based on the instant transaction agreement, etc.:

- Around June 25, 2008, KRW 406,105,946, which was delivered a promissory note from the Defendant Company and deducted the discounted amount, expenses, etc., shall be deposited into the account under the name of the Defendant Company (C; hereinafter the “instant account”) (hereinafter the “instant account”) - around June 25, 2008, withdrawn KRW 264,51,232 from the instant account and repaid the interest on loans to Nonparty Company Switzerland (hereinafter the “Sca City”) and to Nonparty 1,594,714, remaining on August 28, 2008 (hereinafter the “ELS Construction”) for the principal loans under the instant agreement, etc. < Amended by Act No. 8851, Jun. 25, 2008; Act No. 8857, Aug. 28, 2008>

C. The Bankruptcy Bank was declared bankrupt on June 21, 2012, and the Plaintiff was appointed as the bankruptcy trustee of the Bankruptcy Bank.

(Ulsan District Court 2012Hau4) d.

Documents, etc. related to the bankruptcy bank include: (a) the repayment of the principal and interest of a loan based on the instant transaction agreement, etc. is delayed; and (b) 316,788,681 won including principal and interest, attempted interest and delay damages as of July 27, 2013; and (c) the remaining amount of KRW 590,289,467 including provisional payment 95,50 won.

[Reasons for Recognition] There is no dispute, Gap evidence 1 to 3, Gap evidence 2, Gap evidence 10, 11, and Gap evidence 12-1 to 4.