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(영문) 서울중앙지방법원 2015.09.16 2015나36685
대여금
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On November 30, 2005, future mutual savings banks, Inc. (hereinafter referred to as the “US Savings Bank”) leased KRW 570 million to Defendant A at the interest rate of 12% per annum, 25% per annum, 35% per annum, and 50 million per annum on November 30, 2006, and Defendant B guaranteed the above loan obligation against the Plaintiff by Defendant A.

According to the credit terms and conditions of the future savings bank, which were applied at the time of the above lending agreement, the rights such as claims and security rights of the savings bank are exercised or preserved, the investigation or collection expenses of collateral, and the notification expenses for demanding the performance of obligations are stipulated to be borne by the debtor.

B. On December 27, 2010, the future savings bank received KRW 623,90,907,773 in total as the principal and interest of bonds, on December 27, 2010, by applying for a compulsory auction of real estate by the Defendants to the original state branch of the Chuncheon District Court C, and paid KRW 617,920 in total as the principal and interest of bonds.

At the time, the claim against the Defendants of the Future Savings Bank was KRW 67,60,253,362 (the principal of KRW 450,00,00 and interest and late payment charges of KRW 216,253,362 up to December 26, 2010) and KRW 11,349,271 (the provisional seizure and auction expenses, etc.) and KRW 67,602,633 of the provisional payment, and the balance remaining after the future Savings Bank appropriated the above dividend amount of KRW 623,907,773 is KRW 53,694,860.

Since February 28, 2011 to December 18, 2012, the future savings bank has not received additional 6,179,485 won and has not received interest 47,515,375 won.

C. The Future Savings Bank was declared bankrupt on April 30, 2013 in this Court 2013Hahap54, and the Plaintiff was appointed as a trustee in bankruptcy.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence No. 1, and the purport of the whole pleadings.

2. According to the above facts of recognition, the Defendants jointly and severally serve the Plaintiff the amount of KRW 47,470,027, which the Plaintiff sought within the scope of the amount of unpaid reimbursement, and a copy of the complaint against Defendant A.

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