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(영문) 전주지방법원 2014.09.18 2013나13668
대여금
Text

1. Revocation of a judgment of the first instance;

2. The Defendants shall jointly and severally serve as the Plaintiff KRW 500,000,000 and the Defendants shall jointly and severally serve as the Plaintiff on December 2009.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) A mutual savings bank on the preceding day of a stock company (hereinafter “former Mutual Savings Bank”).

(2) On December 31, 2008, Defendant Kbox loan Co., Ltd. (former trade name before the change: Gag Capital Co., Ltd.; hereinafter “Defendant Kbox loan”) is deemed to be “Defendant Kbox loan.”

(3) A loan of KRW 1,700,000 on June 30, 2009 with a maturity of KRW 1,700,000 on a rate of 11% per annum, 19% per annum, and 19% per annum (hereinafter “instant loan”).

(2) Defendant A guaranteed Defendant D’s obligation of the above loan to Defendant D’s mutual savings bank on the same day on the same day, and the above loan contract extended on June 30, 2010 upon Defendant D’s request, the due date for payment was extended on or after December 31, 2009. (2) Defendant D’s C’s delayed repayment of interest after December 31, 2009, lost the benefit of February 28, 2010. The principal and interest of this case is equivalent to the principal amount of KRW 1,700,000,000 as of December 31, 2009, and interest and delay damages therefrom.

3) On the preceding day, a mutual savings bank was declared bankrupt by the Jeonju District Court on August 17, 2010, and the Plaintiff was appointed as a trustee in bankruptcy of the mutual savings bank on the preceding day of the same day. 【Ground of recognition’s absence of dispute, Gap’s evidence Nos. 1 through 5 (if there is a serial number, each entry and the purport of the whole pleadings

B. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable for payment of KRW 500,000,000, which the Plaintiff seeks as part of the loan of this case, and interest or delay damages from December 31, 2009.

2. Determination as to the defendants' defenses, etc.

A. On the preceding day of April 3, 2009, a mutual savings bank established under the Defendants’ defenses where the repayment of the loans to Defendant Kkbble loans by Defendant KKB loans is delayed, or the preceding day mutual savings bank is subject to business restrictions.

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