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(영문) 제주지방법원 2014.07.11 2012가단13032
대여금
Text

1. As to KRW 1,369,881,611 and KRW 725,895,931 among the Plaintiff, Defendant B Co., Ltd. shall start from November 20, 2012.

Reasons

1. Basic facts

A. On March 31, 2006, the Bankrupt Bank Co., Ltd. (hereinafter “the Bankrupt Bank”) prepared a credit transaction agreement with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to grant a loan of KRW 1,400,000 (hereinafter “instant loan”) at the maturity of payment on March 31, 2007, at the rate of 11% per annum, and at the rate of 22% per annum. The Defendant Co., Ltd signed and sealed the said agreement as a joint and several surety for the said agreement.

B. The Defendants did not repay the loan despite the expiration of the time limit stipulated in the instant credit transaction agreement. The principal and interest of the loan of the Defendant Company was treated as the amount of special credit reduced or exempted and the principal and interest of the loan remains in KRW 1,369,881,61, including the principal and interest of the Defendant Company until November 19, 2012.

C. On April 30, 2013, the bankrupt bank was declared bankrupt on April 30, 2013 by the Seoul Central District Court Decision 2013Hau54, and the Plaintiff was appointed from the same court as the bankruptcy trustee of the bankrupt bank and taken over the instant lawsuit.

[Reasons for Recognition] Defendant Company: The fact that there is no dispute between Defendant C and Defendant C, Gap evidence Nos. 1 through 3, Eul evidence No. 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 22% per annum from November 20, 2012 to the date of full payment of the agreed interest rate of KRW 1,369,881,611 and the principal of the loan to KRW 725,895,931, and the principal of the loan to the Plaintiff.

3. Determination as to Defendant C’s defense

A. Defendant C, at the request of Nonparty D, who was the representative director of the bankrupt bank and the chairperson of the bankrupt bank, prepared the credit transaction agreement of this case in the name of the defendant company, and Defendant C also signed and sealed the joint and several surety column in the form of a formal signature and seal, and all of the liabilities were D.

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