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(영문) 서울중앙지방법원 2014.04.15 2013가단5076171
대여금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally and severally liable for KRW 818,828,243 and KRW 305,228,09 among them. From May 8, 2013.

Reasons

1. Facts of recognition;

A. On September 18, 201, the Komato Savings Bank Co., Ltd. (hereinafter referred to as the “Matoto Savings Bank”) was an insolvent corporation established under the Mutual Savings Banks Act for the purpose of credit fraternity business and credit installment savings business, and was declared bankrupt on August 31, 201 in Suwon District Court Decision 201Hahap23 decided to suspend business by the Financial Services Commission, and the Plaintiff Deposit Insurance Corporation was appointed as the trustee in bankruptcy on the same day.

B. On August 30, 2005, Defendant A obtained a loan of KRW 1,200,000,000 from the Mapo Savings Bank (Account Number C) and around that time, Defendant B determined the limit of Defendant A’s obligations by setting the future designation type (as of the date three years have elapsed from the date of the guarantee agreement, referring to the method in which the guarantor designates the closing date of the settlement of accounts via written notification) during the period of settlement of accounts for continuing guarantee (as of the date three years have elapsed from the date of the guarantee agreement).

(hereinafter referred to as the instant probationary guarantee agreement) C.

The Defendants extended the credit period on August 30, 2006, August 27, 2007, and August 30, 2008 respectively for one year.

Defendant A, on September 8, 2010, set the rate of 12% per annum and took out 1,500,000,000 won from the Komato Savings Bank as a general loan (hereinafter referred to as “the first loan in this case”) and exchanged the existing loan.

E. On June 24, 201, Defendant A borrowed an additional amount of KRW 945,00,000 from the Mapo Savings Bank at the agreed interest rate of KRW 12% per annum.

(F) The loan of this case is referred to as the second loan of this case, and the account number E. (f) On June 5, 2013, the local savings bank received partial repayment of the principal and interest of the loan from Defendant A, and as of June 5, 2013, the unpaid principal and interest of the loan of this case are KRW 305,228,09, and the second loan is KRW 945,00,00.

G. The sum of damages for delay by May 7, 2013 of the instant loan 1 is KRW 513,60,144, and the sum of damages for delay by May 23, 2013 of the instant loan 2 is KRW 361,404,667.

[Ground for recognition] Unsatisfy, Gap evidence 1 to 1.

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