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(영문) 서울중앙지방법원 2018.06.08 2016나42007
대여금
Text

1. Of the judgment of the first instance, the part concerning Defendant C, AG, and R is modified as follows.

Of the instant lawsuit, the Plaintiff.

Reasons

1. Basic facts

(a) Status of the parties 1) The Japanese Savings Bank (the trade name before the change: the Japanese Mutual Savings Bank; hereinafter referred to as the “ Japanese Savings Bank”);

A) The company is engaged in business, such as receiving deposits and installment savings, lending of funds, etc. The Japanese Savings Bank was declared bankrupt on September 7, 2012 by Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as a trustee in bankruptcy. 2) A (a) from December 2009 to December 2010, operated a number of entertainment taverns, such as an entertainment tavern in the trade name “AL” located in Gangnam-gu Seoul Special Metropolitan City from December 2009 to December 201, and the Defendants worked as an employee of the entertainment tavern operated by A.

B. 1) A, including the conclusion of credit transaction agreements, entered into a credit transaction agreement with the Bank on December 11, 2009, setting the credit limit amount of 3.5 billion won on December 11, 2009, the credit period of 16% per annum, 28% per annum, the credit transaction agreement setting the credit limit amount of 1.2 billion won on February 24, 201, the credit limit amount of 1.2 billion won per annum, the credit period of 2010, August 24, 2011, and respectively set the credit transaction agreement at 16% per annum, and 28% per annum (hereinafter “the instant loan”).

(2) As of November 12, 2014, A’s debt balance of the instant loan as of November 12, 2014 is KRW 4,825,689,346 (including the amount used by the Roman head of Tong) and the agreed interest and interest interest in arrears totaling KRW 8,898,214,128.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers, and hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to Defendant D, E, F, G, H, M, N,O, P, T, V,W, X, Z, AAC, and R

A. The Defendants alleged by the Plaintiff (hereinafter referred to as the above Defendants) were jointly and severally liable for the instant loans to the extent of the amount specified in each letter of guarantee (Evidence A No. 5) prepared by the Defendants.

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