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(영문) 춘천지방법원강릉지원 2015.02.12 2013가단4223

대여금

Text

1. Defendant B’s 230,936,711 and the above amount to the Plaintiff:

A. From December 13, 2012 to December 13, 2013, KRW 190,000.

Reasons

1. Facts of recognition;

A. On October 13, 2009, Non-Party E Co., Ltd. (hereinafter “Non-Party E”) lent KRW 200 million to Defendant B on a set date on October 13, 2010 (hereinafter “Non-Party A Loan Agreement”); Defendant C and D guaranteed KRW 300 million on the same day; thus, the Non-Party B guaranteed the above Non-Party B’s obligations for the first loan.

B. On April 19, 2010, Nonparty Bank loaned KRW 30 million to Defendant B on August 19, 2010, as the due date for reimbursement of KRW 30,000,000.

(hereinafter referred to as “second loan agreement”). (c)

On August 26, 2011, the Financial Services Commission decided to transfer part of its assets and liabilities of the non-party bank to the Plaintiff pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry. Accordingly, each of the above loans against Defendant B of the non-party bank was transferred to the Plaintiff.

As of December 13, 2012, the claim 1 remains in principal amounting to KRW 190,00,000 and interest rate of KRW 23,861,915. The agreed overdue interest rate is 19% per annum. The claim 2 remains in principal amounting to KRW 15,30,000 and interest rate of KRW 1,774,796. The agreed overdue interest rate is 18% per annum.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2-1 through 4, Gap evidence 1-2, Gap evidence 3-2, the purport of whole pleadings]

2. Determination

A. According to the above facts of determination as to the cause of the claim, Defendant B shall pay to the Plaintiff the sum of the principal and interest of each of the above loans plus KRW 230,936,711 (i.e., KRW 190,00,000, KRW 23,861, KRW 915, KRW 15,300,000, KRW 1774,796) and the above amount, with respect to KRW 190,000,000 of the principal and interest of the loans of KRW 190,000 from December 13, 2012, which is the following day of the above base date, clearly indicated in the record that the duplicate of the complaint was served to Defendant B until April 8, 2013; and the annual interest rate of KRW 20,15,30,000 per annum from the following day to the date of full payment; and the interest rate of KRW 15,30,000 per annum from 213.