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(영문) 서울중앙지방법원 2016.10.11 2016가합3848
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 230,000,000 and the interest rate thereon from January 23, 200 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 5 as to the cause of the claim, defendant A Co., Ltd. borrowed 2.3 billion won from the Daesung Mutual Savings and Finance Company (hereinafter referred to as the "Large Mutual Savings and Finance Company") on June 30, 199, and Defendant B jointly and severally guaranteed the above loan obligation, and Defendant B went bankrupt and appointed the Korea Deposit Insurance Corporation as a bankruptcy trustee. The Korea Deposit Insurance Corporation filed a lawsuit against the defendants on Dec. 14, 2005 against the above court for the loans and the claim for the guaranteed debt amount under the Seoul Central District Court Decision 2005No217972, Dec. 14, 2005, "the defendants transferred 2,299,050,067 won jointly and severally to the Korea Deposit Insurance Corporation, and payment of money calculated by 222% per annum from Jan. 23, 200 to the date of full payment, the judgment of the court below became final and conclusive.

Therefore, barring special circumstances, the Defendants are obligated to pay to the Plaintiff KRW 230 million and damages for delay calculated at the rate of 22% per annum from January 23, 2000 to the date of full payment, within the scope of principal and interest pursuant to the final judgment of this case.

2. The Defendants did not borrow KRW 2.3 billion from the Alternative Mutual Savings and Finance Company. However, inasmuch as it is formally required for the settlement of accounts from the Alternative Mutual Savings and Finance Company in bankruptcy crisis, the Defendants prepared the loan documents upon request by the Mutual Savings and Finance Company to prepare the loan documents.

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