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(영문) 서울중앙지방법원 2016.01.13 2015가합6109
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 5,00,000,000 and the Defendant A Co., Ltd. from November 16, 201.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is an executor of a new construction and sale project of apartment units and ancillary welfare facilities (hereinafter “instant project”) in Seocho-gu, Seoyang-gu, Seoyang-gu, Busan (hereinafter “C”), and the Plaintiff is a contractor of the instant project.

Defendant A Co., Ltd. (the first trade name is E Co., Ltd., and the trade name was changed as of 2015. hereinafter “Defendant Company”) is the parent company C, and Defendant B is the former representative director of the Defendant Company.

B. On September 28, 2007, the National Federation of Korea loaned KRW 70,000,000 to C as an enforcement fund for the instant business. In this case, the National Federation of Korea loaned KRW 150,000,000,000 to C as a lender, in addition to the National Federation of Korean Federation of Fisheries, the National Federation of Fisheries, the National Federation of Fisheries Cooperatives, and the Korea Exchange Bank of Korea, respectively.

On October 26, 2007, the National Federation of Agricultural Cooperatives extended 50,000,000 won to C on condition that the above loans are repaid in full. In addition, the National Federation of Agricultural Cooperatives and the National Bank of Korea extended 50,000,000,000 won to C as a lender, respectively.

C. At the time of each of the above loans (hereinafter referred to as “existing loans”) the Plaintiff and the Defendants jointly and severally guaranteed C’s loan obligations to the lender.

on October 13, 2010, the lender, including the National Federation of Federation, handled part of the existing loans as “re-loan”, and the remainder is treated as “undeveloped loan,” but the overdue interest rate is 19% per annum, and partly changed the terms and conditions of the loan by changing the repayment date to November 15, 201, and agreed to provide and lend additional new funds for the success of the instant project.

(hereinafter “Agreement to Change the Financial Conditions of this case”). In the case of the National Federation of Korea at the time of the agreement, the existing principal of the loan shall be KRW 47,200,00,000, and the mid-term loan shall be KRW 28,210,604,414, and the re-loan shall be repaid.

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