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(영문) 전주지방법원 2016.06.24 2015가단18697
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 4,966,930,252 and KRW 1,020,822,00 among them, starting from March 13, 2015.

Reasons

1. Facts of recognition;

A. The preceding day of a mutual savings bank (hereinafter “previous day mutual savings bank”) was declared bankrupt on August 17, 2010 by the Jeonju District Court 201Hahap1, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

B. On March 16, 2009, the preceding day of a mutual savings bank lent the agreed rate of 13.5% per annum to Defendant A Co., Ltd., 19% per annum, delay damages rate of 19% per annum, and the due date of payment was set on March 16, 2010 and KRW 4,000,000,000, respectively. Defendant Limited Company and Defendant B and Defendant C guaranteed the above obligations to Defendant A Mutual Savings Bank on the preceding day of the preceding day.

(hereinafter referred to as “first loan”). (c)

As of March 12, 2015, the obligation of the principal and interest of the first loan remains at KRW 1,520,822,003 as principal and interest and damages for delay, and KRW 2,968,524,425 as of March 12, 201. Of these, the Plaintiff filed a claim for a loan with the Jeonju District Court 20,000,000 principal and interest of KRW 50,000 as the principal and interest of the first loan and won.

In addition, on March 24, 2009, the preceding day of the mutual savings bank lent the agreed rate of 13.5% per annum to Defendant A Co., Ltd., 19% per annum, and the due date of repayment of 1,400,000,000 as of March 24, 2010, respectively, to Defendant A Co., Ltd., and Defendant B and Defendant C jointly and severally guaranteed the above obligations to Defendant A’s mutual savings bank.

(hereinafter referred to as "second loans"). (e)

In relation to the principal and interest of the above second loan, Defendant A Co., Ltd. fully repaid the principal, but as of March 12, 2015, interest and damages for delay remain in KRW 977,583,824.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the above facts of recognition, barring any special circumstance, the Defendants jointly and severally agreed to KRW 4,96,930,252 (i.e., KRW 2,968,524,425 won) and KRW 1,020,822,003 from March 13, 2015 to the date of full payment, as the Plaintiff seeks, pursuant to the agreement, as the Plaintiff seeks.

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