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(영문) 제주지방법원 2015.05.15 2014가단17854

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 175,635,597 and KRW 148,626,751 among them. < Amended by Act No. 1283, Oct. 23, 2014>

Reasons

1. Facts of recognition;

A. On November 6, 2009, the Future Savings Bank Co., Ltd. (hereinafter “BF”) entered into a credit transaction agreement with Defendant A on a fixed basis as of November 6, 201, setting the lending limit of 470,000,000 won per annum, 10% per annum, 22% per annum, 22% per annum, and November 6, 2010 at the expiration date. Defendant B entered into a limited lending guarantee agreement with the future Savings Bank on a fixed basis as KRW 611,00,000 for the above loans.

B. The principal and interest of a loan unpaid under the foregoing credit transaction agreement is KRW 148,626,751 as of October 22, 2014 and interest KRW 27,008,846 as of October 22, 2014, plus KRW 175,635,597.

C. On April 30, 2013, the future savings bank was declared bankrupt by the Seoul Central District Court (Seoul Central District Court 2013Hahap54), and the Plaintiff was appointed as the trustee in bankruptcy of the future savings bank.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination, the defendants jointly and severally pay to the plaintiff 175,635,597 won of the principal and interest of 175,635,597 won up to October 22, 2014, and 148,626,751 won of the loan principal, which are 22% interest rate per annum from October 23, 2014 to the date of full payment, shall be paid damages for delay at the rate of 22% per annum from October 23, 2014 to the date of full payment, and the defendants B are liable to pay them within the limit of 611,00,000 won.

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