beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. The Savings Bank Co., Ltd. (1) concluded a credit transaction agreement with the Defendant to lend funds to Hansung Broadcasting Co., Ltd. (hereinafter “ Hansung Broadcasting”) on a yearly basis under the joint and several guarantee of the Defendant Co-Defendant A, B, and D of the first instance trial, including the agreement that the overdue interest rate is 25% per annum, and lent funds to Hansung Broadcasting.
In total of joint and several guarantee agreements concluded between the savings bank and the defendant, the savings bank and the defendant "joint and several guarantee agreements". On October 25, 2007, the agreement on the date of maturity of the loan limit of 2,50,000,000 won for general capital loans of 12,548,278 won on October 25, 2007, which are joint and several surety loans of 12,548,278 won, D, and defendant general capital loans of 1,50,000,000 won on December 11, 2007, 2002 and 262,90,85 won on December 11, 2008, 200, 1,200,000 won for general capital loans of 1,50,000,000 won on June 24, 2008, Seoul District Court decided to commence rehabilitation proceedings of 2006,394.6
(3) A savings bank was declared bankrupt on September 7, 2012 by Seoul Central District Court 2012Hahap98, and the Plaintiff was appointed as a trustee in bankruptcy.
(4) As of July 10, 2014, the sum of the principal and interest of a loan under each of the above loan agreements is KRW 1,672,523,941 (=the principal of the loan plus interest KRW 671,638,942 + interest KRW 1,00,884,999).
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 3-1, 2-2, Gap evidence 4-6, and the purport of the whole pleadings
B. According to the facts of recognition as above, the Defendant shall jointly and severally pay to the Plaintiff 1,672,523,941 won in total and 671,638,942 won in interest of the principal and interest of the loan to the Plaintiff jointly and severally with the Co-Defendant A and B of the first instance trial at the rate of 25% per annum from July 11, 2014 to the date of full payment.