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(영문) 서울중앙지방법원 2014.12.19 2011가합121666

대여금

Text

1. As to the Plaintiff’s principal stated in the attached Table 3, the Defendant’s KRW 22,755,00,000 and the corresponding loan principal.

Reasons

1. The basic facts and the arguments of the Parties

A. The facts constituting the basis for the determination of the instant facts are as shown in attached Table 1.

B. The Plaintiff’s assertion that the Plaintiff bank performed all obligations under the instant business agreement, such as directly and indirectly raising project funds in excess of US$ 30,000,000 as prescribed by Articles 3 and 4 of the instant business agreement, by directly and indirectly raising project funds of KRW 284,305,181,310.

Attached Form

3 As indicated in the table, the repayment period of the loan of this case has arrived, and the defendant has lost the benefit of time by failing to pay the agreed interest after the final interest payment date stated in the same table.

따라서, 피고는 원고에게 대출원금 잔액 227억 5,500만 원, 즉, 청구취지 ⑴항 기재 원금과 별지 3 최종약정이자 납입일로부터 2개월간의 약정이자 합산액, 즉, 청구취지 ⑵~⑻항 기재 이자 합산액, 청구취지 ⑴항 기재 원금과 이자 합산액에 대한 약정지연손해금을 지급할 의무가 있다.

C. The Defendant’s assertion (i.e., the period of repayment of the loan under the instant business agreement was set at ten years, and the period of repayment of the loan was not due.

Plaintiff

In accordance with the business agreement of this case, the bank did not lose the benefit of time because it was in arrears due to business suspension or bankruptcy despite the obligation to lend the entire project cost of the development project of this case to the defendant or to damage the loan owner.

Luxembourg The Defendant terminated or terminated the instant business agreement on the grounds of the Plaintiff Bank’s non-performance of its loan obligation, loss of its loan ability due to bankruptcy, etc., or the instant business agreement was terminated due to the Plaintiff Bank’s bankruptcy, and thus, the Plaintiff (A) has a duty to return the following money to the Defendant due to restitution or compensation for damages, and the instant loan claim was set off and extinguished by offsetting

① The Plaintiff bank received the profit advance payment of KRW 29.4 billion, and the amount of KRW 60.4 million.