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(영문) 서울중앙지방법원 2015.05.07 2013가합530035

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,350,000,00 and KRW 894,00,000 among them, from June 18, 2013.

Reasons

1. Facts of recognition;

A. The Komato Savings Bank Co., Ltd. (hereinafter “tomato Savings Bank”) concluded a loan agreement with Defendant A on five occasions (hereinafter “each of the instant loan agreements”) as indicated in the following table, and lent Defendant A a total of KRW 12,235,785,327.

On September 29, 2010, September 29, 2010, the amount of loan limit was set as the loan limit on March 28, 2008, the ordinary loan loan of 200,000,000 general loan of 1 loan on September 29, 2005, on March 30, 2007, on March 28, 2008, 200,000 general loan of 3 loan of 20,50,000,000 25,000 general loan of 4 loan of 20,50,000 on March 28, 2010. < Amended by Presidential Decree No. 20685, Dec. 5, 2008, 200,000; Presidential Decree No. 17500, Oct. 25, 2006>

The sum of September 18, 2006 12,235,785,327 25 September 18, 2010 12,235,785,327

B. On September 18, 2006, Defendant B entered into a limited continuing guarantee agreement (hereinafter “instant limited continuing guarantee agreement”) with respect to the obligation to pay the principal and interest of each of the instant loan contracts to be borne by Defendant A on the basis of the guarantee limit of KRW 10.4 billion. Defendant C Co., Ltd. (hereinafter “Defendant C”), Defendant D, Defendant E Co., Ltd. (hereinafter “Defendant E”), and Defendant F entered into a comprehensive continuing guarantee agreement with Defendant A on December 5, 2008 with respect to all of the obligations, etc. arising from the current or future credit transactions with the Mapo Savings Bank.

C. Defendant A was unable to repay the principal and interest of each of the instant loan contracts, thereby losing the benefit of time. The Defendant A’s obligations under each of the instant loan contracts as of June 17, 2013 are as listed below.

(Units: 6,00,000,000,0004,454,794,5202,027, 394, 256,520,520, 11,318,078,434 2,616, 936, 936, 936, 936, 536, 598, 598,940, 134, 32,50,00,00,001,856, 164, 363,424, 653, 65367, 1794, 794, 720