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(영문) 부산지방법원 2017.01.17 2016가단307602
대여금
Text

1. The Defendants jointly and severally pay KRW 38,962,691 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. On September 26, 2013, the Plaintiff’s status Yong-Nam Savings Bank Co., Ltd. (hereinafter “Ynam Savings Bank”) was declared bankrupt by this Court No. 2013Hahap16, Sept. 26, 2013, and this Court appointed the Plaintiff as the trustee in bankruptcy on the same day.

B. Credit transaction agreement and joint and several sureties 1) Yong-Nam Savings Bank from May 23, 1995 to Defendant A and its owner D site and ground buildings owned by Defendant A (hereinafter “instant real estate”).

(1) The instant basic terms and conditions of credit transaction between the Defendant and the said Defendant (hereinafter “instant basic terms and conditions”) on August 20, 2009, which would result in credit transaction by means of offering as security and at the discount of notes.

(B) applying the credit amount of KRW 285 million, interest rate of KRW 12% per annum, interest rate of 24% per annum, interest rate of 24% per annum, and date of August 20, 2013 (after this, until December 20, 2013).

2) The credit transaction agreement (hereinafter referred to as “the credit transaction agreement of this case”)

Article 2(2) of the Credit Transaction Agreement provides, “When a debtor fails to perform his/her obligation on the expiration date of the credit period or when he/she loses his/her interest pursuant to Article 7 of the Framework Agreement, he/she shall pay damages for delay on the balance of the credit from that time to that time.” Article 4(1) of the Framework Agreement provides, “The debtor shall bear expenses incurred in the exercise or preservation (including provisional seizure or provisional disposition (including termination) of his/her obligation to the debtor, the savings bank’s interest in his/her surety, etc. arising from the nonperformance of obligation, ② the expenses incurred in the investigation or collection of collateral, ③ the expenses incurred in the notice to urge the performance of obligation.” Article 13(1) provides, “If the debtor reimburses his/her obligation that has lost the due date, or the savings bank makes a set-off or refund by proxy under Article 10, the entire amount of the debtor’s obligation is insufficient.”

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