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(영문) 서울중앙지방법원 2014.12.24 2014가단5224977

대여금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 7,518,102,176 and KRW 1,777,026,648 among them, from April 16, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 26, 2013, the Seoul Central District Court appointed the Korea Deposit Insurance Corporation as a trustee in bankruptcy on the same day while declared bankrupt against Seoul Mutual Savings Bank.

B. On September 3, 2007, Seoul Mutual Savings Bank and Seoul Mutual Savings Bank approved that the basic terms and conditions of credit transaction apply, and concluded a credit transaction agreement with the effect that the general loan of credit subjects, the credit amount of 10 billion won, the extension date of September 3, 2007, the extension date of the credit period of Sep. 3, 2007, the extension period of Dec. 3, 2007, the damages for delay to be applied at the time of arrears should be governed by the damages for delay as determined by the Seoul Mutual Savings Bank. The Defendant jointly and severally guaranteed B’s loan obligations under the above credit transaction agreement.

After all, the expiration date of the credit period was changed on June 3, 2009, and the applicable interest rate was changed to 12% per annum.

C. According to the above credit transaction agreement, C Co., Ltd. was granted a loan of KRW 10 billion from Seoul Mutual Savings Bank, but was unable to pay the principal and interest of the loan, thereby losing the benefit of June 3, 2009. As of April 16, 2014, the principal and interest of the loan unpaid as of April 16, 2014 were totaling KRW 9,397,627,720 (i.e., the principal and interest of the loan amount of KRW 2,221,283,310 until April 15, 2014).

On the other hand, the interest rate for delay stipulated in the credit transaction agreement is 23% at the present rate.

【Facts without dispute over the grounds for recognition, evidence No. 1-2, evidence No. 2, evidence No. 2, and purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by an agreement of 23% per annum from April 16, 2014 to the day of full payment with respect to KRW 9,397,627,627,626,648, which is the sum of principal and interest of the Plaintiff’s outstanding principal and interest of KRW 1,77,02,648, and damages for delay (=9,397,627,726,720 x 1,777,026,648 x 2,221,221,283,648 x 1,77,026,648, which is part of principal and interest of the Plaintiff. < Amended by Act No. 12523, Apr. 16, 2014>

The defendant, as the representative director of the corporation B, shall set the above credit transaction agreement.