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(영문) 광주지방법원목포지원 2015.10.23 2014가단12421

대여금 등

Text

1. The Plaintiff:

A. Defendant A and Defendant B jointly and severally share KRW 1,758,565,282 and KRW 981,870,007.

Reasons

1. Facts of recognition;

A. On February 5, 2010, Korea Mutual Savings Bank (hereinafter “Bankruptcy Bank”) concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) under which the amount of comprehensive passbook loans, credit (limit) amounting to 600,000,000 won, term of credit extended by February 5, 2011, the agreed interest rate of 12% per annum, and the agreed delay damages rate of 25% per annum (hereinafter “instant transaction agreement”). Defendant B and Defendant C jointly guaranteed obligations under the said credit transaction agreement.

B. With respect to the instant transaction agreement, the Bankruptcy Bank entered into a separate agreement between the Defendant Company and the amount of credit (limit) on July 13, 2010 to KRW 920,000,000, and September 16, 2010 to KRW 1,150,000,000 (hereinafter “each of the instant additional agreements”), and the Defendant B jointly and severally guaranteed all of the obligations under each of the instant agreements.

C. Defendant C and Defendant D provided a comprehensive collateral guarantee to ensure the joint and several liability owed by the Defendant Company to the Bank in the present and future within the limit of KRW 1,196,00,000, respectively, August 19, 2010.

The Defendant Company withdrawn KRW 1,143,360,867 (including the amount deducted as interest) from the comprehensive passbook account with respect to the Bankruptcy Bank in the name of the Defendant Company pursuant to the instant agreement and the instant additional agreement from February 5, 2010 to October 4, 2010.

E. On March 5, 2012, the Bankruptcy Bank was declared bankrupt by the Gwangju District Court, and the Plaintiff was appointed as the bankruptcy trustee.

F. The credit balance arising under the present transaction agreement and each of the instant additional agreements is KRW 981,870,007, the total interest interest shall be KRW 84,953,278, and the total interest and arrears shall be KRW 691,741,997.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9 (including additional numbers), Eul evidence 6, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of recognition, Defendant A and Defendant B, unless there are special circumstances.