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(영문) 서울중앙지방법원 2018.11.06 2015가단82793

대여금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 91,618,982 and KRW 31,547,416, among them, shall be fully paid to the Plaintiff from December 12, 2014.

Reasons

1. Determination as to the claim against Defendant A, B, C, D, E, and F

(a)as shown in the reasons for the attachment of the claim;

(However, the creditor is considered as the "Plaintiff", and the debtor is considered as the "Defendant"). (B)

As to Defendant B, C, D, E, and F of the applicable provisions of law, a judgment of deemed confession (Article 208(3)2 of the Civil Procedure Act) against Defendant A, and a judgment by service by publication (Article 208(3)3 of the Civil Procedure Act)

2. Determination as to the claim against Defendant G

A. Basic facts 1) On May 8, 2007, the Future Savings Bank Co., Ltd. extended a loan of KRW 100 million to Defendant A on January 22, 2010, at the interest rate of 20.075% per annum, and at the rate of damages for delay 30% per annum (hereinafter “instant loan”).

2) In the credit transaction agreement prepared at the time of the instant loan, the signature and seal of L’s name is affixed to the joint and several sureties column, together with H, I, J, Defendant B, C, D, F (Co., Ltd. prior to the instant change), each of the signature and seal affixed on the corporate name and seal affixed on the L’s joint and several sureties column, and the corporate name and seal affixed on the corporate name in the name of Defendant G Co., Ltd. (former Co., Ltd., Ltd. before the change; hereinafter “Defendant Co., Ltd.”).

3) As of December 11, 2014, the remaining principal and interest of the instant loan is KRW 31,547,416 of the loan principal, KRW 59,973,963 of the interest and interest for arrears, KRW 97,603 of the late interest, KRW 97,603 of the late interest, KRW 91,618,982 of the total amount. 4) Meanwhile, the future savings bank of a stock company was declared bankrupt on April 30, 2013, and the Plaintiff was appointed as the trustee in bankruptcy.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings

B. Determination as to the allegations by the parties 1) Of the Credit Transaction Agreement, the following facts can be comprehensively taken into account: (a) whether the Defendant Company’s authenticity was established under the Credit Transaction Agreement; (b) the written evidence Nos. 4, 6, 8, and 9; and (c) the purport of the entire pleadings as a result of the appraiser N’s appraisal.