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(영문) 서울중앙지방법원 2016.10.12 2016가단5000403

대여금

Text

1. The defendant shall pay to the plaintiff KRW 61,383,572,039 and KRW 26,259,434,307 among them, from June 30, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. B (hereinafter “B”) concluded the instant business and loan agreement (hereinafter “instant loan agreement”) with the Korea Capital Capital Co., Ltd. (hereinafter “Korea Capital Capital Co., Ltd.”) on June 24, 2008 for the purpose of raising funds necessary for the Gangnam-gu Seoul Project (hereinafter “instant project”) and received a loan from the said amount by setting the loan limit of KRW 100,000,000,000 on June 24, 2008, the repayment date plus the amount of KRW 3% on December 16, 2008, the repayment date plus the interest rate of KRW 19% per annum, and setting the overdue interest rate of KRW 19% per annum.

B. At the time of the instant loan agreement, the Defendant, D, and E, who had been a director of B at the time of the instant loan agreement, jointly and severally guaranteed all obligations that B currently or future, pursuant to the instant loan agreement.

C. The Plaintiff acquired a loan claim of KRW 40,000,000 as of the principal amount of the instant loan based on Articles 3(1)18 and 21(2)3 of the instant loan agreement, which was a fund manager under the instant business and the instant loan agreement, on June 24, 2008, which was the conclusion of the instant loan agreement, from the FF Co., Ltd., to whom the claim under the instant loan agreement was transferred from the Korea Capital Capital.

As of June 29, 2016, the principal and interest of the loan of this case (hereinafter “the loan of this case”) that the Plaintiff acquired from among the loan agreements of this case (hereinafter “the loan of this case”) is KRW 61,383,572,039 in total (26,259,434,307 in balance of the loan principal, accrued interest, accrued interest and overdue interest KRW 35,124,127,732 in total).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 12, Eul evidence 2, the purport of the whole pleadings

2. According to the facts of recognition as to the Plaintiff’s claim, the Defendant, a joint guarantor of the loan agreement of this case, is to promote litigation from June 30, 2016 to the day of full payment, as the Plaintiff seeks, with respect to KRW 61,383,572,039 in total of the principal and interest of this case and KRW 26,259,434,307 in balance of the principal and interest of the loan of this case.