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(영문) 서울고등법원 2013.01.18 2012나34803

대여금

Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. A, G, E, and F, an executive officer of the H Bank (hereinafter “H Bank”) borrowed a total of KRW 10 billion from the Plaintiff in the name of their own and their family members registered as shareholders at the time of the above bank’s offering of capital increase with a view to raising capital increase. A and their family members borrowed KRW 1,314,143,060 in the name of the Plaintiff; KRW 1,760,364,440 in the name of G and their family members; KRW 5,966,538,940 in the name of E and their family members; KRW 5,966,53,560 in the name of F and their family members; and KRW 958,953,560 in the name of F.

B. Accordingly, on June 28, 2010, A entered into a monetary loan agreement (hereinafter “instant loan agreement”) with the Plaintiff to borrow KRW 1,314,143,060 (hereinafter “instant loan”) in the capacity of the Plaintiff as an agent of the said Defendants and the Defendants (A’ children), and entered into a monetary loan agreement with the following terms (hereinafter “instant loan agreement”). On the same day, G, E, and F, who are the remaining executives, concluded a monetary loan agreement with the same purport as to each corresponding amount on the same day.

- D - This monetary loan agreement was concluded between the Plaintiff, A, and the Defendants on June 28, 2010.

Article 2(1)(1) The Plaintiff lends gold KRW 1,314,143,060 (A: gold KRW 50,000,000, and gold KRW 421,381,020 for each of the Defendants) to A and the Defendants on June 28, 2010.

Article 3 (Interest) (1) Interest on the borrowed amount shall be 12% per annum.

Article 4 (1) (Security, etc.) (1) The plaintiff, A, and the defendants shall, in consultation, provide the plaintiff with a security agreed upon within a reasonable time after the date of loan execution in order to secure the loan and interest.

(3) A and the Defendants are jointly and severally liable to repay the borrowed money.

(1) (1) A and the Defendants are obliged to repay the borrowed money to the Plaintiff on June 28, 2013.

C. On June 29, 2010, the Plaintiff deposited the total amount of KRW 10 billion in the account (Account Number: I) opened in H Bank under the name of H Bank.

On February 25, 2011, the Plaintiff's "A and the Defendants" are the terms of the Loan Agreement.