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(영문) 서울중앙지방법원 2018.06.11 2017가단5129288
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 89,320,862 as well as KRW 37,775,356 as to the Plaintiff from February 13, 2017.

Reasons

1. Determination as to the cause of claim

A. The recognition of the facts 1) The Swiss Savings Bank Co., Ltd. (hereinafter “Sma Savings Bank”)

(3) On May 4, 2012, Defendant Limited Company A (hereinafter “Defendant Company”)

) A loan with a maturity of KRW 70,000,000 on April 4, 2014; interest rate of KRW 27.375% per annum; interest rate of less than three months; rate of delay shall be 8% per annum in the event of arrears with a maturity of less than three months; and rate of interest at least three months but less than six months per annum in the event of a contractual interest rate of at least 10% per annum; and a loan (hereinafter “instant loan”).

(2) Defendant B, a director of the Defendant Company, set the instant loan obligation amounting to KRW 98,00,000,000 (hereinafter “instant guarantee”), and jointly and severally guaranteed the instant loan amounting to KRW 91,00,000. Defendant C determined the said debt amount as KRW 91,00,000.

3) On April 29, 2014, the said bank was declared bankrupt, and the Plaintiff was appointed as bankruptcy trustee. (4) Meanwhile, the Defendant Company did not pay interest from June 6, 2013, and on February 12, 2017, the principal amount of the instant loan was KRW 37,775,356, and overdue interest was KRW 51,545,506.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap 1 through 9, the purport of the whole pleadings

B. According to the above facts of determination, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 89,320,862 (i.e., the principal amount of KRW 37,775,356, interest rate of KRW 51,545,506) and the principal amount of KRW 37,775,356, as claimed by the Plaintiff from February 13, 2017 to the date of full payment, the amount calculated at the rate of KRW 27.9% per annum as claimed by the Plaintiff shall be paid. Defendant B is obligated to pay within the limit of KRW 98,00,000, which is the maximum amount of guarantee, and Defendant C shall be paid within the limit of KRW 91,00,00, which

2. On May 4, 2012, Defendant B, “Defendant B,” visited Switzerland Savings Bank and drafted a credit transaction agreement and a collateral guarantee for the instant loan.

The employees of the above bank have failed to obtain the approval of the auditor dispatched to the bank by the Financial Supervisory Service.

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