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(영문) 대전지방법원 2017.10.24 2017가단204251
대여금
Text

1. The Plaintiff:

A. Defendant A shall pay full amounts of KRW 206,094,177 and KRW 100,000 among them, starting from November 7, 2016.

Reasons

Facts of recognition

A. On December 27, 2010, the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) concluded a credit transaction agreement with Defendant A on a set of 500 million won on March 28, 201 (Provided, That the maturity of the credit was extended to March 28, 2012), interest rate 12% per annum, and delay damages interest rate 23% per annum pursuant to the said credit transaction agreement. On December 28, 2010, Defendant A loaned KRW 500 million to Defendant A pursuant to the said credit transaction agreement.

On December 27, 2010, Defendant B guaranteed the current and future debts to the Korea Savings Bank by Defendant A within the limit of 650 million won.

B. Defendant A failed to repay the above loan obligations on March 28, 2012, which is the expiration date of the extended credit.

As of November 6, 2016, the principal of the loan shall be KRW 499,959,06, KRW 103,191,773, and the interest unpaid until February 18, 2013, KRW 33,871, and the interest delay damages on the above interest shall be KRW 427,245,242, from February 19, 2013 to November 6, 2016.

C. The Korea Savings Bank was declared bankrupt on February 28, 2013 (Seoul District Court 2013Hahap2), and the Plaintiff was appointed as the bankruptcy trustee of the said Company.

[Based on the facts without dispute, Gap evidence Nos. 1 through 9, Gap evidence No. 10-1 through 6, and the purport of the whole pleadings, the above facts of recognition are as follows: (a) The plaintiff, the bankruptcy trustee of Korea Savings Bank; (b) The defendant A, the debtor, is obligated to pay the amount of delay damages at a rate of 23% per annum from November 7, 2016 to the date of full payment of the above amount, which is the sum of KRW 100,000,000,177, which is the plaintiff's 106,094,177, out of the above principal of the loan, and KRW 100,000,000,000 among the above amount, and KRW 10,000,000,000 from the date of full payment; and (c) the defendant B, the joint guarantor, is jointly and severally liable with the defendant A, to pay the amount set forth in the above paragraph (1).

In conclusion, the plaintiff's claim against the defendants is with merit, and it is so decided as per Disposition.

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