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(영문) 서울중앙지방법원 2016.06.13 2016가단5023628
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,00,000,000 and KRW 1,200,000 among them, from February 27, 2010 to 80.

Reasons

1. Basic facts

A. (1) On November 27, 2009, the Japanese Savings Bank Co., Ltd. (hereinafter “Japan Savings Bank”) entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), setting the credit limit amount of KRW 4 billion, interest rate of KRW 11 billion, annual interest rate of KRW 11, annual interest rate of less than one month, annual rate of less than one month, 23% per annum of less than three months, annual amount of less than three months, and at least 24% per annum of not less than three months, and carried out a loan thereafter.

(2) On December 28, 2009, the Japanese Savings Bank concluded a credit transaction agreement with Defendant A, setting the credit limit amount of KRW 3 billion, KRW 11 per annum on February 28, 2010, annual interest rate of KRW 11 per annum on February 28, 2010, annual interest rate of less than one month, annual 23% per annum on less than three months, annual 24% per annum on less than three months, and 25% per annum on more than three months, and carried out the relevant loans.

(hereinafter referred to as “second loan”). (b)

At the time of the first and second loans, Defendant B Co., Ltd., C Co., Ltd. and E jointly and severally guaranteed the principal and interest of Defendant A’s first and second loans to the Plaintiff.

C. As of June 12, 2015, the principal and interest obligation of the first loan remains 9,246,575,290 won (i.e., the total of KRW 4,000,000,000, and interest amount of KRW 5,246,575,290 after February 27, 2010 (i.e., KRW 5,246,575,290). The principal and interest obligation of the second loan remains 3,959,506,506,828 won after January 28, 2010 (i.e., KRW 3,00,000,000,000), and the principal and interest obligation of the second loan remains 3,00,000,000,000 won, KRW 3,00,000,39,509,986).

On September 7, 2012, the Japanese Savings Bank was declared bankrupt on September 7, 2012 by the Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as the trustee in bankruptcy of the Japanese Savings Bank around that time.

[Ground for Recognition: Facts without dispute, Gap 1 to 3 evidence (including each number, if any); hereinafter the same shall apply

(2) Each entry and the purport of the whole pleading

2. Determination:

A. According to the above facts of determination as to the cause of the claim, Defendant A is the principal debtor, and the remaining Defendants are each joint and several sureties, and the Plaintiff is jointly and severally liable to the Plaintiff for a total of KRW 2,00,000,000 = the principal of the first loan.

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