대여금
1. The Defendants jointly and severally pay one billion won to the Plaintiff.
2. The costs of lawsuit shall be borne by the defendants.
3...
1. On November 26, 2007, Defendant A entered into a credit transaction agreement (hereinafter “instant loan agreement”) with a loan of 11 billion won (hereinafter “instant loan”) from the Future Savings Bank Co., Ltd. (hereinafter “B”), and Defendant B guaranteed Defendant A’s obligation under the instant loan agreement.
According to the loan agreement of this case, the repayment date of the loan of this case is May 26, 2008, interest rate is 11% per annum, and overdue interest rate is 22% per annum.
On November 26, 2007, the Future Savings Bank deposited KRW 10.999,529,000 (the amount obtained by deducting KRW 471,00 from KRW 11 billion of the instant loan) with the ordinary deposit account (Account Number C, hereinafter “instant deposit account”) in Defendant A’s future Savings Bank.
On March 26, 2010, the Plaintiff received KRW 11.76,730,166 as dividends of the Seoul Central District Court G and H (Dual) real estate auction case with respect to the building in Gangnam-gu Seoul Special Metropolitan City D, 242.1㎡ and E-ground F building owned by the Defendant A. On the same day, the Plaintiff appropriated KRW 11.77,434,747 as part of the principal and interest under the loan agreement of this case, 16.45,315,457, the sum of the remaining interest and arrears (i.e., KRW 4., KRW 4.67,880,315,710,000,000,000 in total, total of KRW 704,581,000,000,000,000 won in the loan agreement of this case (i.e., KRW 35,315,457,177,74747).
As of December 1, 2014, the sum of the remaining interest and arrears under the instant loan agreement as of December 1, 2014 is KRW 4.67,880,643.
On the other hand, the future savings bank was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap54, and the plaintiff was appointed as the bankruptcy trustee on the same day.
[Grounds for Recognition: Entry in Evidence Nos. 1 to 7, and the purport of the whole pleadings]
2. Determination as to the cause of the claim: According to the above recognition of the claim for partial payment, the Defendants shall jointly and severally pay the Plaintiff the remaining interest and late payment charge under the loan agreement of this case, unless there are any special circumstances.