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(영문) 서울중앙지방법원 2016.11.25 2015가단5355823
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 3,923,184,443 as well as KRW 1,180,000 among them, and complete payment from June 30, 2015.

Reasons

1. Facts of recognition;

A. On September 29, 2010, Defendant A entered into an credit transaction agreement with the Japanese Savings Bank (hereinafter “Japan Savings Bank”) and received a loan of KRW 2,360,000,000.

(2) Defendant B Co., Ltd. (hereinafter “Defendant Company”) jointly guaranteed Defendant A’s liabilities for the loans to the Japanese Savings Bank.

B. The Defendants delayed to pay interest of KRW 2,360,00,000 as of June 29, 2015, and interest of KRW 2,743,184,443, the sum of KRW 5,103,184,443. The overdue interest rate applied under the instant credit transaction agreement is 25% per annum.

C. The Japanese Savings Bank was declared bankrupt on September 7, 2012 by the Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as the trustee in bankruptcy of the Japanese Savings Bank.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed delay damages calculated at the rate of 25% per annum from June 30, 2015 to the date of full payment, which is calculated at the rate of 3,923,184,443 won (interest of KRW 1,180,000,000) and 1,180,000,000 won, as the Plaintiff seeks, within the scope of the claim of the instant loan.

3. Determination as to Defendant A’s assertion

A. The gist of the assertion ① The Defendant Company entered into a credit transaction agreement under the name of C Co., Ltd. (hereinafter “C”) in order to avoid the provision on the lending limit to the same person, and received a loan of KRW 2,360,000 under the understanding of the Korea Savings Bank. The said credit transaction agreement constitutes a false declaration of conspiracy and thus null and void.

However, the Japanese Savings Bank demanded the defendant A to take over the above debt of the defendant A who acquired the defendant company in accordance with the information of the Financial Supervisory Service, and the defendant A entered into the credit transaction agreement of this case.

On the other hand, this case.

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