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(영문) 제주지방법원 2017.03.20 2016가단41

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 400,911,172 and KRW 110,628,201 among them. From November 6, 2015.

Reasons

1. Determination on the cause of the claim

A. On April 30, 2013, the Future Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the Plaintiff Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

B. On May 13, 2008, the future savings bank entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the Defendant Limited Liability Company A (hereinafter “Defendant A”), and set 230,000,000 won as interest rate of 21.9% per annum, delay damages, 30% per annum, and January 28, 201 when the extension period expires, and Defendant B, C, and D jointly and severally guaranteed the above loan obligations.

C. Defendant A failed to fully repay the loan by the expiration date of the credit period on January 28, 201, and the principal and interest of the loan as of November 5, 2015 is KRW 400,911,172 (= Principal KRW 110,628,201).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-10, the purport of the whole pleadings

D. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the interest rate of KRW 400,911,172 as well as the interest rate of KRW 110,628,201, whichever is the principal, to the Plaintiff at the rate of 30% per annum, which is the overdue interest rate from November 6, 2015 to the date of full payment.

2. Judgment on the defendants' assertion

(a) The facts following the facts do not conflict between the parties, or may be found in the entries in Gap evidence Nos. 4, 5, and 1, taking into account the overall purport of the pleadings:

(1) The future savings bank entered into a loan and joint and several sureties agreement with the following terms, including the instant credit transaction agreement:

The loan amount agreement of the debtor joint and several sureties 1 B, D, C2,390,00,000 111% 22% 22% as of May 13, 2009 2 B 10,000 18.25% 30% on May 8, 2009 3 A, C, D 230,000,000 21.9% on January 28, 2011, Defendant B and the future savings bank provided a duty of performance assurance as follows with respect to each of the above claims on May 6, 2009.