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(영문) 서울중앙지방법원 2020.07.09 2017가단5035932

대여금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 200,000,000, but Defendant C, Defendant D, and Defendant E shall be KRW 3,000,000.

Reasons

1. Facts of recognition;

A. (1) Defendant B Co., Ltd. (hereinafter “Defendant B”) was a company that constructs and sells apartment houses, welfare facilities, etc. (hereinafter “instant project”, and G Co., Ltd. (hereinafter “G”) was established for the purpose of housing construction projects, rental housing projects, and civil engineering construction projects on the Seo-gu, Seo-gu, Gwangju (hereinafter “instant site”). The company was a corporation established for the purpose of housing construction projects, rental housing projects, and civil engineering construction projects.

(2) A Co., Ltd. (former trade name, Co., Ltd. H and I in order of time, Co., Ltd.), J (former trade name, K Co., Ltd., hereinafter referred to as “J”), L Co., Ltd. (former trade name, time-based trade name, M Co., Ltd., N, hereinafter referred to as “L”), P Co., Ltd. (former trade name was changed to P; hereinafter referred to as “O”), Q Q Co., Ltd. (hereinafter referred to as “R”), and Q Co., Ltd (former trade name, U.S., hereinafter referred to as “T”), in relation to the instant business, are financial institutions that extended projects to Defendant B.

(3) On June 15, 2015, A was declared bankrupt by the Gwangju District Court 2015Hau5003, and the Plaintiff was appointed as a trustee in bankruptcy (hereinafter referred to as “Plaintiffs” for convenience), Q and T were all appointed as a trustee in bankruptcy by the Korea Deposit Insurance Corporation, respectively.

(hereinafter) In spite of the party's change under the above Bankruptcy Act, when 6 V banks, including the Plaintiff, etc., who made a loan to the business of this case, are collectively referred to as "six banks, including the Plaintiff," for convenience.

(1) In order to raise the project costs of the instant project, Defendant B and six banks including the Plaintiff, etc. under the joint and several guarantee of G.