대여금 등
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from February 25, 2014 to the date of full payment.
1. The following facts do not conflict between the Parties:
On December 7, 2010, the Korea Savings Bank Co., Ltd. (hereinafter referred to as the “Korea Savings Bank”) established and lent 5 billion won to Defendant A Co., Ltd. on December 7, 2011 (which was extended on March 7, 2012), interest rate of 11% per annum (1.5% per annum after December 8, 201), and delayed interest rate of 11.5% per annum under the basic terms and conditions for mutual savings bank credit.
(hereinafter “instant loan agreement”). (b)
The principal and interest of the instant loan as of February 25, 2014 is KRW 7,159,732,327 ( principal KRW 5 billion) and the interest rate for delay is 23% per annum.
C. The Korea Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap47, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the principal of KRW 200 million, which the Plaintiff claims as part of the loan of this case, and damages for delay at the rate of 23% per annum, which is the interest rate for delay from February 25, 2014 to the date of full payment, from February 25, 2014.
However, Defendant 2 through 6 is obligated to pay the above amount within the limit of KRW 7 billion, the guarantee limit.
B. On December 1, 2010, in order to guarantee the payment of the instant loan obligation, Defendants A, B, and CBB concluded a trust agreement with the Korea Savings Bank with the Korea Savings Bank as the first beneficiary with respect to the F and three parcels of land and the building on the land (hereinafter “instant secured real estate”) on December 1, 2010. The Korea Savings Bank, the first beneficiary of the instant loan, as the first beneficiary, refused to cooperate actively in the sale and lease of the instant secured real estate in order to ensure the appropriate repayment of the instant loan, and the Korea Savings Bank, the first beneficiary of the instant loan, as the second beneficiary, was the Korea Savings Bank or the Korea Savings Bank, the second beneficiary of which delayed or delayed the repayment of the instant loan.