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(영문) 서울중앙지방법원 2015.11.13 2015가단5095411
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 3,187,729,216 and KRW 2,400,000 among them. From November 17, 2014.

Reasons

1. Facts of recognition;

A. On June 4, 2008, Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a loan for general loans for credit subjects, a credit amount of KRW 4 billion, a credit period expiration date on June 4, 2009, and a credit transaction agreement with 23% per annum on overdue interest rate (hereinafter “instant loan agreement”).

B. At the time of the instant loan agreement, the promotion enterprise corporation (hereinafter “promotion enterprise”), the director or auditor of the Defendant company, Defendant B, C, D, and E jointly and severally guaranteed the Defendant company’s obligation to pay the principal and interest of the loan to the Seoul Mutual Savings Bank.

C. Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2014Hahap139, and the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.

As of November 17, 2014, the principal and interest obligations under the loan contract of this case as of November 17, 2014 are KRW 5,312,82,026 in total, the principal and interest obligations of this case are KRW 4 billion in total.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. The assertion and judgment

A. As the principal obligor under the loan agreement of this case, Defendant Company is jointly and severally liable to pay to the Plaintiff 3,187,729,216 won as part of the total principal and interest as of November 17, 2014, and damages for delay calculated by the rate of 23% per annum from November 17, 2014 to the date of full payment.

B. The Defendants’ assertion regarding the instant loan agreement is a kind of project strike to raise housing construction funds, and the substantial principal debtor is a promotion company that is a contractor of the housing construction project. However, the Plaintiff seeks the performance of the obligations under the instant loan agreement against the Defendants other than the promotion company, and the period of repayment deferment and interest rate different from the promotion company.

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