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(영문) 전주지방법원 2013.11.29 2012가단8217
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) On December 31, 2008, a mutual savings bank (hereinafter “former Mutual Savings Bank”) established a loan of KRW 1.7 billion on June 30, 2009 with a maturity of KRW 1.7 billion on June 30, 2009, an agreement rate of KRW 11% per annum and KRW 19% per annum on damages for delay (hereinafter “the instant loan”). Defendant A jointly and severally guaranteed the Defendant’s loan obligations to the mutual savings bank with respect to the mutual savings bank on the same day, and the said loan agreement was extended on June 30, 2010 upon Defendant D’s request for extension of the maturity of payment period.

(2) The principal and interest of this case shall be based on the principal amount of KRW 1.7 billion as of December 31, 2009 and the amount equivalent to interest and delay damages.

(3) On the preceding day, a mutual savings bank was declared bankrupt by the Jeonju District Court on August 17, 2010, and the Plaintiff was appointed as a trustee in bankruptcy of a mutual savings bank on the preceding day.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount calculated by the rate of KRW 50 million out of the instant loans, the annual interest rate of KRW 9%, which is the agreed interest rate from December 31, 2009, to February 28, 2010, and the annual interest rate of KRW 19%, which is the agreed interest rate from the next day to the date of full payment.

2. Judgment on the defendants' assertion

A. The Defendants’ assertion is, at the time prior to the conclusion of the instant loan contract by a mutual savings bank, “the promotion of movable property” as “the promotion of movable property by the Defendant Kable Loan Co., Ltd.”

In the event that the repayment of the loan claims against Defendant Dable loan becomes known, the obligation of the instant loan to Defendant Dable loan to the mutual savings bank.

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