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(영문) 전주지방법원 2015.07.02 2013가단33715
대여금
Text

1. The defendant shall jointly and severally pay to the plaintiff KRW 354,696,506 as well as the interest rate from March 6, 2013 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 6, 2012, the New Electric Power Bank of Korea (hereinafter “New Power Bank of Korea”) entered into a loan transaction agreement (hereinafter “the instant loan agreement”) with A to pay interest on KRW 370 million per annum, interest rate of KRW 870 million per annum, overdue interest rate of KRW 25% per annum, and due date of payment on December 6, 2017, and to pay interest on the 6th day of each month from the date of the commencement of the loan. The Defendant provided joint and several surety for the instant loan agreement obligations of A on the same day.

B. On December 6, 2012, A designated a non-party partnership account (Account Number B) in the name of A as the receipt account of the above loan, and the non-party partnership remitted KRW 370 million to the above account on the same day.

C. After doing so, A has lost the benefit of time due to delinquency in part of the principal and interest of a loan under the loan agreement of this case. The principal remaining under the loan agreement of this case as of March 5, 2013 is KRW 354,696,506.

On July 2, 2014, the Plaintiff merged with the non-party partnership.

[Ground of recognition] The items of evidence Nos. 1, 2, and 4-2, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, as a joint and several surety, the defendant is jointly and severally liable to pay to the plaintiff as the principal obligor A, the amount of KRW 354,696,506, and damages for delay calculated at the rate of 25% per annum, which is the overdue interest rate, from March 6, 2013 to the date of full payment.

B. The defendant's assertion argues that the defendant did not receive a loan under the loan agreement of this case from A or the defendant, and that C, who is the employee in charge of the plaintiff's loan, conducted a loan in collusion with D and E, etc., which is the employee in charge of the loan of this case, by calculating an excessive amount of the security price of the vehicle, and

A vehicle shall be a vehicle in collusion with C, E, etc., a person in charge of loans who is a loaner of the Plaintiff, only on the basis of each description of the certificate of Nos. 5 through 9, 12 through 15 (including a serial number).

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