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(영문) 서울중앙지방법원 2015.08.18 2014가단239776
대여금 등
Text

1. Defendant (Appointed Party) and Appointed Co., Ltd. B, C, and D jointly and severally with the Plaintiff KRW 65,064,789 and 30,87 among them.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) On April 17, 2009, New Savings Bank Co., Ltd. entered into a credit transaction agreement with the Selection Company B, Ltd. with a limit of 80,000,000 won, interest rate of 13% per annum on April 17, 2010, and interest rate of 25% per annum. The Defendant (Appointed Party), the appointed Party C, and D guaranteed the obligations under the above paragraph 1 within the limit of 10,40,00 won per annum. (3) The Selection Company B, the due date of the contract under the above paragraph 1, which was extended, did not fully repay the obligations under the above paragraph 1, until April 17, 2011.

4) As of August 6, 2014, the obligations under the foregoing paragraph (1) remains in total of KRW 30,887,548, and overdue interest, etc. as of KRW 65,064,789.

5) On October 29, 2013, the New Savings Bank was declared bankrupt by Seoul Central District Court 2013Hahap161, and the Plaintiff was appointed as a trustee in bankruptcy. [The fact that there is no dispute between the parties to the grounds for recognition]

B. The Defendant (Appointed Party) and the appointed parties B, C, and D jointly and severally pay to the Plaintiff the amount of KRW 65,064,789 as well as the amount of KRW 30,87,548 as principal and KRW 25% interest per annum from August 7, 2014 to the date of full payment. The Defendant (Appointed Party), the appointed parties, C, and D are liable to pay the Plaintiff damages for delay calculated at the rate of KRW 104,00,000 per annum.

2. If so, the plaintiff's claim of this case is accepted for reasons.

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