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(영문) 서울중앙지방법원 2015.12.11 2015가합522519
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 23, 2010, Seoul Central District Court Decision 201Ha298 Decided September 7, 2012, Korea Savings Bank (hereinafter “Korea Savings Bank”) was appointed as a trustee in bankruptcy on September 23, 201 as a savings bank business entity, and the Plaintiff was declared bankrupt on September 7, 2012 by Seoul Central District Court Decision 201Hahap98.

B. On the ground of Yongsan-gu Seoul Metropolitan Government land B and C (the above land was merged into the above land on December 11, 2012; hereinafter “instant land”). A Co., Ltd. (hereinafter “Nonindicted Company”) conducted an urban residential housing construction project on the second and twenty stories above ground (hereinafter “instant project”). On April 7, 2010 with the funds for the instant project, the company Il Savings Bank Co., Ltd (Seoul Mutual Savings Bank Co., Ltd., Ltd., on September 23, 2010; hereinafter “Japan Savings Bank”) borrowed KRW 17 billion from the funds for the instant project, and the representative director D of Nonparty Co., Ltd jointly and severally guaranteed the above obligations of Nonparty Co., Ltd.

The Jeju Savings Bank was issued by the Defendant the first priority right certificate of 22.1 billion won with respect to the land and the building on the ground (hereinafter “each real estate of this case”) of this case as security for the above loan.

C. In relation to the instant business, on April 15, 2010, the Jeju Savings Bank: (a) set the interest rate of KRW 8 billion on 10.5% per annum; (b) interest rate of KRW 25% per annum; and (c) maturity on April 15, 2012 (hereinafter “instant loan”); and (d) drafted a credit transaction agreement and a letter of credit guarantee with the effect that the Nonparty Company’s above loan obligations are jointly and severally guaranteed within the limit of KRW 10.4 billion.

On September 28, 2012, the Plaintiff filed a lawsuit against Nonparty Company and D seeking payment of KRW 500 million, which is a part of the instant loans, as Seoul Central District Court 2012Kadan265917, and the said court recognized the loan of this case and the joint and several guarantee and sought by the Plaintiff on February 6, 2014.

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