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(영문) 서울중앙지방법원 2014.06.25 2013가합53286
대여금 등
Text

1. The plaintiff's debtor A's receiver B, the plaintiff's lawsuit taking over the lawsuit.

Reasons

1. Basic facts

A. Defendant B, including the party’s status, was appointed as a director of Defendant A (hereinafter “A”) on October 10, 2006, and Defendant C was appointed as the representative director of Defendant C on October 10, 2006.

On July 5, 2007, Defendant B and C assumed office as a joint representative director of A on their joint offices and completed their registration on July 13, 2007.

Since then, on April 25, 2008, the defendant C has resigned from the office of representative director of A, and after that, the defendant B has served as the single representative director of A.

B. A’s loan and Defendant B and C’s collateral guarantee, etc. 1) The Industrial Bank of Korea loaned to A the amount indicated in the appropriate amount column on the date stated in each of the respective relevant lending dates listed in the following lending dates (hereinafter “the above loan agreement for the Industrial Bank of Korea of A”) in the order of the date of the loan, and each of the loans’s obligations is called “the loan obligations”;

The agreed rate of each of the above lending contracts was 13% per annum.

(2) Defendant B and C entered into a collateral guarantee contract with the Industrial Bank of Korea by setting the guarantee limit of No. 1,560,000,000 with respect to No. 1 loan obligations as indicated in the following table of credit transaction. Defendant B entered into a collateral guarantee contract with the Industrial Bank of Korea by setting the guarantee limit of No. 2,3, and No. 4 as stated in each of the relevant guarantee limit in the credit transaction list as stated below.

(1) A loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a third enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan.

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