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1.The judgment of the first instance, including the preliminary claim added at the trial, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. The status of the parties 1) A Bank Co., Ltd. (hereinafter “A Bank”);
The purpose of A Bank is to receive deposits and installment savings, to provide loans. A Bank was declared bankrupt on April 30, 201, by Seoul Central District Court 201Hahap46, and the Plaintiff was appointed as a trustee in bankruptcy of A Bank. 2) The Defendant served as the head office of A Bank and the head office of the branch office, etc. from July 1, 2008 to May 15, 201, and around May 201, entered into a management and remuneration contract with A Bank (hereinafter “instant management and remuneration contract”) and served as the head office (director treatment) from May 16, 201 to August 6, 2012.
B. A Bank’s loan to the original telecom, 1) A Bank and the original telecom, Inc. (hereinafter “original telecom”).
(2) On September 16, 201, A Bank shall grant a loan, setting the credit limit of KRW 6.5 billion, the maturity on March 16, 201, the interest rate of KRW 10.5% per annum, and the delay interest rate of KRW 25% per annum (hereinafter “instant loan”).
(2) At the time of the conclusion of the instant loan contract, C jointly and severally and severally guaranteed the principal and interest obligation to the Kurhere Bank to guarantee the loan obligation to the Kurhere Bank, and on March 28, 2012, on April 16, 2012, C entered into an additional agreement to change the maturity date of the said loan contract to April 26, 2012. On July 16, 2012, C concluded the additional agreement to change the credit limit to KRW 6 billion, and the maturity date to July 16, 2012, respectively. (2) At the time of the conclusion of the instant loan contract, C jointly and severally and severally guaranteed the principal and interest obligation to the Kurian Bank, and on the land and building on the land and building on the ground (hereinafter “Aursi-si mortgage”), which are owned by C under the name of A bank, KRW 8.45 million,500,000,000,000 won, respectively.
3 A Bank deposited KRW 6,00,000 after deducting KRW 3,927,00,000 from KRW 6.5 billion on the date of entering into the instant loan agreement, at KRW 6.46,072,00,00 from KRW 6.5 billion.