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(영문) 서울중앙지방법원 2016.01.15 2014가단5355413
대여금
Text

1. The Plaintiff:

A. Defendant A shall pay KRW 361,026,438 and KRW 57,580,087 among them from November 25, 2014 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) In fact, Dong-A Mutual Savings and Finance Company (hereinafter “Dong A Mutual Savings and Finance Company”) (hereinafter “Dong A Mutual Savings and Finance Company”) made a loan to G as follows:

F and Defendant A jointly and severally guaranteed the obligation of G loans as follows:

Defendant A offered H site and ground buildings No. 3 as security for loan obligations at the time of the government of the Do government owned by it.

On June 20, 1998, a joint and several surety for the overdue interest rate on the loan date, the interest rate of 25% annually determined by the Minister of Finance and Economy (19% per annum) on June 20, 1999, which is the joint and several surety for the overdue interest rate on the loan date, and 25% per annum on June 20, 199, Defendant A A A 20,000,000 on June 20, 1999, and 25% per annum on June 20, 1999 on September 4, 200,000 per annum 15% per annum on September 4, 2004.

In 200, the company succeeded to all assets, liabilities, and rights and obligations of the company of East Asia in 200. The company of Gyeonggi COR transferred its trade name to the Gyeonggi Mutual Savings Bank on March 19, 2002, and to the Gyeonggi Savings Bank on September 23, 2010 (hereinafter referred to as the “Game Savings Bank”).

(A) On August 1, 2003, the Gyeonggi Savings Bank received KRW 162,140,749 in the course of a voluntary auction against real estate offered by Defendant A as security and appropriated it for the repayment of principal of the loan No. 3.) The Gyeonggi Savings Bank filed a claim suit against G in 2004, F and Defendant A relating to loans No. 1-3, 2004 (the Government District Court Decision 2004Ga34325).

On December 10, 2004, the District Court rendered a judgment that “Defendant A shall pay KRW 26,219,228 out of the said money jointly and severally with G and KRW 248,768,048 and KRW 57,703,757 each year from August 20, 2004 to the date of full payment, and F shall jointly and severally with G and the Defendant A pay KRW 26,219,228 out of the said money.”

The judgment was finalized on January 26, 2005.

F The object of payment is only interest.

3. On July 1, 2013, the sports savings bank such as the bankruptcy of the sports savings bank is declared bankrupt in Seoul Central District Court 2013Hahap88.

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