logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.01.14 2014가합110585
대여금
Text

1. Defendant A paid to the Plaintiff KRW 264,765,332 and KRW 143,532,265 among them, from November 20, 2014 to the date of full payment.

Reasons

1. On June 18, 2012, the requesting Gyeonggi Mutual Savings Bank Co., Ltd. (hereinafter referred to as “Game Mutual Savings Bank”) concluded a loan transaction agreement with Defendant A with a fixed amount of KRW 340 million per annum; KRW 10 million per annum; KRW 22% per annum; and KRW 340 million per annum; on the same day, the due date determined on December 18, 2012, and entered into a loan transaction agreement with Defendant A (hereinafter referred to as “instant agreement”); Defendant A borrowed KRW 340 million to Defendant A with a limited amount of KRW 476 million for all obligations arising from the current or future credit transaction with Defendant Gyeonggi Mutual Savings Bank; as of November 20, 2014, the remainder of the principal and interest payable by Defendant A to the Gyeonggi Mutual Savings Bank pursuant to the instant agreement is the total amount of loan 264,76, KRW 325,3236,325,2365,236,375

On December 28, 2012, under Article 14(2) of the Act on the Structural Improvement of the Financial Industry, the Financial Services Commission made a decision to transfer a contract including the instant contract with an institution that takes over the Gyeonggi Mutual Savings Bank, a stock company, the Solo Savings Bank (hereinafter “Eloin Savings Bank”) as an institution that takes over a contract. Pursuant to Article 14-2(2) of the same Act, the Gyeonggi Mutual Savings Bank and the Solo Savings Bank publicly announced the summary of the said decision to transfer a contract and the fact of the transfer of a contract in a daily newspaper on December 31, 2012.

On the other hand, on January 13, 2014, the Plaintiff merged the Solar Savings Bank.

Therefore, the Plaintiff comprehensively succeeded to the loan claims and joint and several surety claims owed the Defendants. Defendant A is obligated to pay damages for delay calculated at the rate of 22% per annum from November 20, 2014 to the date of full payment, as requested by the Plaintiff, to the Plaintiff, as to the remaining principal and interest of loan KRW 264,765,332, and the principal of the loan principal. Defendant B and the Plaintiff jointly guarantee the Plaintiff.

arrow