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(영문) 제주지방법원 2018.08.22 2017나10855
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3.For the purposes of this Court.

Reasons

1. Basic facts

A. On May 13, 2008, the Future Savings Bank Co., Ltd. (hereinafter “FE Savings Bank”) concluded a loan agreement (hereinafter “instant loan agreement”) with Defendant limited liability company A (hereinafter “Defendant A”), and leased KRW 230,00,000 per annum 21.9% per annum, delay damages, 30% per annum, January 28, 201 when the term of the loan expires, on January 28, 201, the full repayment of the term of the loan expires, the payment of interest, installment payments, and set-off on the terms of the loan agreement. Defendant B, C, and D Co., Ltd. (hereinafter “Defendant D”) guaranteed the above loan obligations on the same day.

B. On January 28, 2011, Defendant A was unable to repay the loan in full on or before the expiration date of the loan period, and the remaining debts under the loan agreement of this case as of May 25, 2018 consisting of additional repayment or collection of part of the loan after which the loan was made. Defendant A left 329,146,348 won as interest or delay damages without principal.

C. Meanwhile, the future savings bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as the bankruptcy trustee.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, 17 evidence (including each number, hereinafter the same shall apply), Eul evidence 15, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 329,146,348 as the remaining interest or delay damages pursuant to the loan agreement of this case, unless there are any special circumstances.

3. Judgment on the defendants' assertion

(a) The facts below the basic facts do not conflict between the parties, or are recognized by adding the whole purport of the pleadings to the entries in Gap evidence Nos. 4, 5, and Eul evidence Nos. 1 and 15.

1. On May 13, 2008, the Future Savings Bank shall enter into a loan agreement and a joint and several guarantee agreement with the Defendants, including the instant loan agreement:

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