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(영문) 광주지방법원 2016.12.23 2015가합58619

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,354,93,620 and KRW 1,994,191,668, respectively, from August 27, 2015.

Reasons

1. Facts of recognition;

A. The related Defendant O apartment district housing association of the parties (hereinafter “Defendant association”) is a regional housing association established to build Q apartment (hereinafter “instant apartment”) in the Geong-gun P of Gyeonggi-gu. The remaining Defendants except the Defendant association are the members of the Defendant association.

B. (1) On December 15, 2007, the 21 member of the Defendant Union borrowed KRW 119,000,000 each from the Smart Savings Bank Co., Ltd. (the trade name at the time was a stock company established mutual savings bank; hereinafter “ smart Savings Bank”) at the maturity of March 26, 2009, at the interest rate of 11% per annum, and at the interest rate of 25% per annum. On December 26, 2007, the Defendant Union borrowed KRW 119,00,000 per annum from the Korea Savings Bank (the mutual savings bank at the time was a stock company at the time; hereinafter “Korea Savings Bank”) at the interest rate of March 26, 201, and late payment delay rate of 25% per annum. < Amended by Act No. 10448, Dec. 26, 2007; Act No. 1000, Mar. 26, 2011>

At the time, 21 members of the above association were mutually and severally guaranteed for the remainder of loans except for the principal's loans, and the defendant union jointly and severally guaranteed the total amount of the loans in this case.

(2) On March 26, 2010, the Defendant Cooperative applied 25% per annum if the overdue interest rate of KRW 400,000,00 from the Smart Savings Bank on July 26, 2010 due date, KRW 12% per annum, and KRW 25% per annum under the Credit Transaction Agreement (Evidence 1-2) with a delay rate of KRW 25% per annum, is less than 23% per annum, 24% per annum if the overdue interest rate per delay period is more than 1(monthly) and more than 3(monthly) per annum, and 25% per annum if the overdue interest rate per delay period exceeds 3 months. The Defendants’ overdue interest period seems to exceed three months.

on June 16, 2010, 400,000 won from the Korea Savings Bank was due and payable. < Amended by Presidential Decree No. 22135, Oct. 2, 2010>