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(영문) 서울중앙지방법원 2015.01.23 2014가단5252118

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 5,199,724,277 and KRW 2,158,279,934 among them. < Amended by Act No. 1259, May 13, 2014>

Reasons

1. In full view of the facts that there is no dispute between the parties to the judgment on the cause of the claim and the facts as stated in Gap evidence Nos. 1 and 2, the defendant A is liable to pay damages for delay at the rate of 23% per annum agreed from May 13, 2014 to the date of full payment, which is the date following the date of final calculation of interest, as the principal debtor based on a credit transaction agreement as stated in the attached Form No. 1. In accordance with the above facts of recognition, defendant B, C, and D, jointly and severally, as joint and several suretys, to the plaintiff for a total of KRW 5,199,724,277 of the principal and interest on the debt under the above credit transaction agreement, and the above amount, which the plaintiff seeks as a partial claim.

2. The Defendants’ assertion and its determination as to the Defendants, around January 21, 2010, agreed with the Seoul Mutual Savings Bank (Seoul Mutual Savings Bank), a stock company prior to bankruptcy, to make debt KRW 7.5 billion under the said credit transaction agreement, and to make a joint settlement of interest. Since the Defendants asserted to the effect that the said loan transaction agreement is sufficient to bear the obligation only within the extent of the said sugar, it is insufficient to recognize the Defendants’ assertion on the ground that the entries in subparagraphs B and B, as well as in the evidence Nos. 1 through 5, are sufficient to support the Defendants’ assertion, and there is no other evidence to support this otherwise, the Defendants’ above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.