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(영문) 수원지방법원성남지원 2016.01.07 2015가단9676

대여금

Text

1. The Plaintiff:

A. As to KRW 12,286,813,771 and KRW 11,164,619,849 among them, Defendant A Co., Ltd.: < Amended by Presidential Decree No. 26357, Jun. 30, 2015>

Reasons

1. Facts of recognition;

A. On July 27, 2010, Homato Savings Bank Co., Ltd. (hereinafter “tomato Savings Bank”) implemented the following loans to Defendant A Co., Ltd. (hereinafter “Defendant A”).

The defendants asserts to the effect that there is a lack of evidence to view that the Komato Savings Bank implemented the loan.

However, according to the following evidence, it can be sufficiently recognized that the Mapo Savings Bank executed each of the loans in this case.

On January 16, 2006, 16% per annum of 16% per annum on January 16, 2007, the comprehensive passbook loan loan of 800,000,000 won on January 16, 2007. < Amended by Presidential Decree No. 2000, Apr. 3, 2007; Presidential Decree No. 20688, Apr. 3, 2008; Presidential Decree No. 22075, Dec. 21, 2009; Presidential Decree No. 22047, Apr. 3, 2008; Presidential Decree No. 22075, Dec. 21, 2010>

B. Around March 2007, Defendant B and C provided joint and several surety within the scope of KRW 11,580,000,000, when Defendant A currently incurred or bears future obligations to the Mapo Savings Bank.

On the other hand, on April 2, 2007, E, etc. completed the registration of collateral security right, which is the basis of maximum debt amount 6,750,000,000 won, on the land of FF 223 square meters in Gwangju City, in order to secure Defendant A’s obligation for the above loan.

C. The Komato Savings Bank was declared bankrupt on August 31, 2012, and the Plaintiff was appointed as a trustee in bankruptcy.

Defendant A lost the benefit of time by delaying the repayment of the principal and interest of each of the above loans.

On the other hand, on June 29, 2015, the Plaintiff received payment of KRW 6,750,000 from the G Regional Housing Association, a third acquisitor of the said land, and appropriated the principal and interest of the instant loan.

The details of debts before and after the above appropriation are as follows.

(As of June 29, 2015, units: (i) the remainder remaining after appropriating the balance of the loan from the sequence of the original loan, and (ii) the principal and the principal and the principal and the attempted principal are not accrued; (ii) the principal and the attempted principal are 820,909,120,127,482,556 820,909,120 1,127,482,556; and (iii) the principal and the principal and the principal of the two times.