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(영문) 대전지방법원 2015.11.12 2015가단203728

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,00,000 and KRW 651,674,276 among them. < Amended by Act No. 1319, Jan. 21, 2015>

Reasons

1. Basic facts

A. On March 18, 201, Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) concluded a credit transaction agreement with Defendant A with the amounting to 650,000,000 won of the loan principal, interest rate of 11% per annum, delay damages rate of 23% per annum (hereinafter “instant credit transaction agreement”).

Defendant B guaranteed Defendant B’s joint and several liability within the limit of KRW 845,000,000 with Korea Savings Bank on the same day.

(hereinafter referred to as the “instant collateral guarantee agreement”). B.

As of January 21, 2015, the remaining principal and interest of the instant credit transaction agreement is KRW 434,296,529, including the principal and interest of KRW 651,674,276, and interest, as of January 21, 2015.

C. On February 28, 2013, the Korea Savings Bank was declared bankrupt by Daejeon District Court 2013Hahap2, and the Plaintiff was appointed as the trustee in bankruptcy of the Korea Savings Bank on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the defendants jointly and severally are obligated to pay to the plaintiff 1 billion won of the principal and interest of KRW 85,970,80,80,05 with 23% interest per annum from January 21, 2015 to the date of full payment, as to the principal of KRW 651,674,276, which the plaintiff 1 billion and the principal of KRW 651,676, among the principal, to the plaintiff, and Defendant B is obligated to pay the above amount within the limit of the collateral guarantee amount of KRW 845,00,000.

3. Determination as to the defendants' defense

A. The Defendants asserted 1) The Korea Savings Bank concluded the instant credit transaction agreement and the instant collateral guarantee agreement with the Korea Savings Bank without the intent to bear obligations pursuant to the understanding of the Korea Savings Bank upon the request of Korea Savings Bank to normalize the non-performing loans of Korea Savings Bank under the name of the Defendants from Korea Savings Bank C. In other words, the instant credit transaction agreement and the instant collateral guarantee agreement are null and void as a false declaration of agreement.

B. The testimony of the witness C alone, 1 straws, and the testimony of the witness C in this case.