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(영문) 대전지방법원 2015.08.18 2015가단4884
대여금
Text

1. The Defendants jointly share the Plaintiff KRW 569,355,036 and KRW 339,924,647 among them. From September 24, 2014.

Reasons

1. Facts of recognition;

A. On July 9, 2010, Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A Co., Ltd.”), setting the credit limit as KRW 800,000,000 per annum, interest rate of KRW 9% per annum, and interest rate of KRW 23% per annum (hereinafter “the instant credit transaction agreement”). Defendant B and D respectively set the credit limit as KRW 1,040,00,000, and Defendant C set the guarantee limit as KRW 600,000,000,000 each of the above guarantee accounts with each of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. On July 9, 2010, at KRW 800,000, the remainder of KRW 798,576,500, after deducting the procedural expenses, such as stamp receipts, receipts, and receipts, from the loan account under the name of the Defendant Company, was processed as an alternative deposit account of Korea Savings Bank in the name of the Defendant Company from the Korea Savings Bank loan account (Account Number E), and the remainder, excluding KRW 737,020,000, which was withdrawn on the same day, was deposited in the said ordinary deposit account, was deposited in the said loan account in repayment of interest on the said loan.

C. The principal and interest of the remaining loan under the instant credit transaction agreement is KRW 39,924,647 as of September 24, 2014 (However, interest and delay damages are calculated as of September 23, 2014) and KRW 229,430,389, totaling KRW 569,35,036, including interest and delay damages.

On February 28, 2013, the Korea Savings Bank was declared bankrupt by Daejeon District Court 2013Hahap2, and the plaintiff was appointed as the trustee in bankruptcy of the Korea Savings Bank on the same day.

[Ground of recognition] Defendant Company, Defendant B: The judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act) on Defendant C, D: The fact that there is no dispute, and each entry in the evidence A1 through 3, as a whole, and all pleadings.

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