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(영문) 서울동부지방법원 2015.06.18 2014가단134294

대여금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 47,144,863 and 5% per annum from December 12, 2014 to June 18, 2015.

Reasons

1. Basic facts

A. A. On April 2, 2008, the Plaintiff (formerly changed: Gyeonggi-do Savings Bank) entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and lent KRW 2.8 billion to the Defendant Company. Defendant B and C jointly guaranteed the Defendant Company’s above loan obligations.

B. At the time of the conclusion of the above credit transaction agreement, the Plaintiff secured the collateral by being the first priority beneficiary with respect to the amount of 2,928,49,000 square meters in Yangsan-si, the Defendant Company, which was a collateral trust for the said real estate trust. When the Defendant Company lost the benefit of time on August 201, the Defendant Company sold the said secured real estate and appropriated it to the principal and interest of the loan. The remainder of the principal and interest of the loan as of August 26, 201, the date of repayment of the proceeds from the sale of secured real estate, was as listed below, and the aggregate amount was KRW 2,928,493,150.

The interest rate on the balance of the divided loan * the interest rate of 2,800,000,000 from June 03, 201 to October 03, 2011, 201.07.02, 23,013,013,698 overdue interest rate of 2,80,000,000 to October 03, 2011, 25% 105,479,452 combined total 2,80,000,000,128,493,150 principal and interest of 2,928,493,493,493,150

C. At the time of the public auction, the Plaintiff appropriated the loan principal of KRW 2.81,348,286 to repay the loan principal of KRW 2.8 billion and interest KRW 81,348,286. Accordingly, the Plaintiff’s remaining debt to the Defendant Company remains 47,144,864 million.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1-10 evidence (including a provisional number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 47,144,864 won and damages for delay at each rate of 5% per annum prescribed by the Civil Act from December 12, 2014 to June 18, 2015, which is the day following the delivery date of the complaint of this case, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, as the plaintiff seeks.

3. Conclusion of the Plaintiff’s claim