logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.12 2014가단155205
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,680,000,00 and the interest rate from July 25, 201 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 30, 2013, the Debtor Savings Bank Co., Ltd. (hereinafter “A Savings Bank”) was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as bankruptcy trustee.

B. On July 20, 2006, A Savings Bank entered into a credit transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant Company”) with a comprehensive passbook loan for loans, credit limit of KRW 520,000,000,000 on July 20, 2007 with maturity of KRW 12% per annum, interest rate of KRW 12% per annum, and interest rate of delayed damage rate of KRW 25% per annum, and Defendant C and D jointly and severally guaranteed Defendant Company’s obligations.

(hereinafter “instant initial agreement”). C.

After that, on August 2, 2007, the maturity was extended on July 20, 2008, and again on July 21, 2008, the maturity was extended on July 2009 to July 20, 2009, and the limit was increased to 620 million won. On July 31, 2009, an additional agreement was concluded to extend the credit limit to 2.1 billion won, and on July 21, 2010, the maturity was extended to July 21, 201 again.

(hereinafter referred to as the “instant Additional Arrangement”) d. of the maximum amount of increase during the extension.

The remaining principal and interest of interest as of May 8, 2014 is KRW 2,158,868,980 of principal and interest for arrears plus KRW 3,483,527 of interest for arrears.

[Ground of recognition] Uncontentious facts, Gap evidence 1, Gap evidence 2-1 to 4, the purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the Plaintiff’s cause of claim, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining principal and interest of 1.68 billion won within the scope of the remaining principal and interest of loan and damages for delay at the rate of 22% per annum from July 25, 2011 to the date of full payment, which is after the maturity of the loan.

B. As to the Defendants’ assertion 1, since there was no resolution of the board of directors of the Defendant Company at the time of the instant loan, the representative director of the corporation claiming invalidation does not undergo the resolution of the board of directors with respect to external transactions that should be resolved by the board of directors.

arrow