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(영문) 서울중앙지방법원 2015.10.13 2014가단5354786

대여금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 2,163,446,304 and the Plaintiff’s objection thereto:

A. Defendant movables Promotion Co., Ltd., A, and A.

Reasons

1. Facts of recognition;

A. On April 30, 2009, Seoul Mutual Savings Bank Co., Ltd. entered into a credit transaction agreement with Defendant movables Promotion Co., Ltd. based on the credit transaction basic terms and conditions, and on the same day, 12% per annum interest rate on Defendant movables Promotion Co., Ltd. and damages rate for delay to be applied to Defendant movables Promotion Co., Ltd. under the joint and several surety of Defendant LAWC, A, B, and C, as determined by Seoul Mutual Savings Bank. (hereinafter “instant loans”). The loans amounting to 7,700,000,000 won were loaned (hereinafter “instant loans”).

B. Meanwhile, as of July 18, 2014, the principal of the instant loan was settled in entirety, but the sum of KRW 3,090,637,578, supra, remains in the number of outstanding amounts.

C. Meanwhile, Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

【Defendant-Appellants Co., Ltd., Ltd., A, B, and C: Facts that there is no dispute between the parties, or no clear dispute between the parties, and the purport of the whole entries and arguments in the evidence Nos. 1 and 2, as well as the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 2,163,446,30, and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 24, 2015 to the date following the delivery of a copy of the complaint of this case, clearly indicated in the record, from July 1, 2015 to the date following the delivery of a copy of the complaint of this case, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated from March 24, 2015 to the date following the delivery of a copy of the complaint of this case, and from June 15, 2015 to the full payment date.

3. Defendant.