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(영문) 서울중앙지방법원 2016.04.19 2015가단5226314
대여금
Text

1. The Defendants jointly and severally do not exceed KRW 93,60,000 to the Plaintiff, and KRW 134,178,252 to the Plaintiff and KRW 68,460 among them.

Reasons

1. Basic facts

A. On December 26, 2007, Korea Accent Incorporated (hereinafter “Nonindicted Company”) entered into a credit transaction agreement with 72 million won from the New Savings Bank Co., Ltd. (hereinafter “New Savings Bank”) at the interest rate of 12%, overdue interest rate of 25%, and thereafter changed the time limit, interest rate, etc.

(hereinafter “instant credit transaction agreement”). B.

On the same day, the Defendants concluded a contract to guarantee the repayment of the loan and interest of the non-party company with the limit of KRW 93.6 million between the above savings bank and the non-party company.

C. The non-party company has delayed the repayment of the above principal and interest so as to lose the benefit of time, and the principal and interest obligation based on March 25, 2015 is KRW 68,460,216 and the total amount of interest 65,718,036.

The above savings bank was declared bankrupt and the Korea Deposit Insurance Corporation became a bankruptcy trustee.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 10, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff 134,178,252 won (=68,460,216 won +65,718,036 won +) and damages for delay calculated by an annual interest rate of 25% from March 25, 2015 to the date of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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