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(영문) 서울중앙지방법원 2018.11.06 2015가단84447
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 177,839,481 as well as KRW 60,855,251 as well as full payment from December 3, 2014.

Reasons

1. Determination as to the claim against Defendant A, Company B, D, E, F, and G

(a)as shown in the reasons for the attachment of the claim;

(However, the creditor is considered as the "Plaintiff", and the debtor is considered as the "Defendant"). (B)

Defendant A, E, and F of the applicable provisions of law (Article 208(3)2 of the Civil Procedure Act) With respect to Defendant B, D, and G, a judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination as to the claim against Defendant C

A. 1) On May 8, 2007, the Future Savings Bank Co., Ltd. extended a loan of KRW 100 million to Defendant A Co., Ltd. (H, a mutual company prior to the alteration), with the rate of interest 20.075% per annum, and 30% per annum per annum on the date of expiration of the credit (hereinafter “instant loan”).

(2) The credit transaction agreement drawn up at the time of the instant loan is signed and sealed in the column of joint and several sureties, together with L’s signature and seal affixed to each of the signature and seal affixed to the joint and several sureties, J, K, Defendant D, E, G, F, F, and stock company B, and the name and seal affixed to the name of the Defendant C (former M Co., Ltd., Ltd., Ltd., hereinafter “Defendant Company”) in which L was the representative director at that time.

3) As of December 3, 2014, the remaining principal and interest of the instant loan as of December 3, 2014 were KRW 60,85,251,251, 116,971,308, late interest 12,922, totaling KRW 177,839,481, and KRW 177,839,481, and the future savings bank of the instant loan was declared bankrupt on April 30, 2013, and the Plaintiff was appointed as the trustee in bankruptcy.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 6-1 to 5, the purport of the whole pleadings

B. Determination as to the allegations by the parties 1) Of the Credit Transaction Agreement, the basic facts as seen earlier prior to the establishment of the authenticity of the Defendant Company’s part of the Credit Transaction Agreement, and the evidence as mentioned above, the evidence Nos. 7 and 9, and the evidence Nos. 3-1 and 2, respectively;

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