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(영문) 서울중앙지방법원 2015.02.12 2013가단335899

대여금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 435,660,274 and Defendant B Co., Ltd. from February 22, 2014.

Reasons

1. Facts of recognition;

A. On October 31, 2008, A Savings Bank Co., Ltd. (hereinafter “A Savings Bank”) extended a loan of KRW 2,200,000 at the interest rate of 14% per annum, 22% per annum, 20% per annum, and the due date of payment by April 30, 2009 (hereinafter “instant loan”). Defendant C, D, and E provided a joint and several guarantee with respect to the above loan repayment obligations against A Savings Bank of the Defendant Company on the same date within the limit of KRW 2,860,00,000, respectively, and thereafter, the said period of payment was changed to July 31, 2010 pursuant to the Credit Extension Agreement between A Savings Bank and the Defendants.

B. The Defendant Company failed to repay the instant loan obligations on the date of repayment, and thereafter, on May 24, 2012, A Savings Bank received 2,800,000,000 won in the course of compulsory auction for real estate held on the Defendant Company’s ownership and appropriated the principal in advance.

C. The unpaid amount is KRW 435,660,274 in total, out of the interest on the instant loan obligations and damages for delay incurred until May 23, 2012 to the Defendant Company of the A Savings Bank.

A Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the plaintiff was appointed as a trustee in bankruptcy.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10 (including additional numbers), Eul evidence No. 8, the purport of the whole pleadings

2. According to the determination on the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff delay damages at the rate of 20% per annum from February 22, 2014 to November 30, 2013, and from December 3, 2013 to the day of full payment, as the Plaintiff seeks.