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(영문) 청주지방법원 2016.04.20 2014가단10519
대여금
Text

1. The Defendants are jointly and severally liable to the extent of KRW 1,100,000,000 for Defendant B, and Defendant C Co., Ltd. shall be KRW 910,000.

Reasons

1. Facts of recognition;

A. On July 24, 2008, the Jungbu Mutual Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) concluded a credit transaction agreement with Defendant A and its loans amounting to KRW 800,000,000, normal interest rate of KRW 10.5%, overdue interest rate of KRW 24% per annum, and July 24, 2010 (hereinafter “the instant credit transaction agreement”).

The non-party bank paid 799,800,000 won after deducting 200,000 won for credit investigation feed to Defendant A’s ordinary deposit account (E).

B. Defendant B jointly and severally guaranteed the Defendant A’s loan obligation on the Non-Party Bank, with the amount of KRW 910,000,000 as each guarantee limit, and the amount of KRW 910,000,000 as well as KRW 1,10,000.

C. Defendant A lost the benefit of time on February 18, 2009 because it did not pay a loan and interest thereon.

As of December 27, 2013, the loan principal is KRW 799,878,194, overdue interest is KRW 37,572,360, interest rate is KRW 91,594,519, and overdue interest is KRW 1,524,57.

On February 12, 2014, the non-party bank filed the instant lawsuit seeking the payment of the above principal and interest of loan, etc., and withdrawn from the lawsuit after transferring the above loan claims against the defendant to the Korean LEL Asset Management Loan Co., Ltd.. In the lawsuit, the Korean Tax Credit Co., Ltd. participated in the lawsuit as the plaintiff succeeding intervenor, but withdraws from the lawsuit after transferring the above loan claims to the gallon LL Loan Co., Ltd. after transferring the above loan claims to the plaintiff succeeding intervenor. After participating in the lawsuit as the plaintiff succeeding intervenor, the non-party bank withdrawn from the lawsuit due to the cancellation of the contract for transfer of the above loan claims. The Korean Tax Credit Co., Ltd.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 4 (including branch numbers in case of additional number), and the purport of the whole pleadings.

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