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(영문) 서울중앙지방법원 2016.01.22 2015가단5290544
대여금
Text

1. The defendant jointly and severally with the non-party C Co., Ltd. for KRW 655,173,009 and KRW 148,530,887 among them.

Reasons

1. Determination as to the cause of claim

A. 1) The Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”) extended loans to C(A) with the following content: (a) on June 23, 2009, at the interest rate overdue rate of 840,000,000 general loans for loan subject on the date of loan of Solomon Savings Bank; (b) 11% per annum 25% per annum on June 23, 2011:

(B) On February 13, 2009, the Defendant assumed office as the representative director of C on February 13, 2009. The Defendant submitted a certificate of personal seal impression and provided comprehensive collateral guarantee (joint and several guarantee) of the above loan obligation within the limit of KRW 1.092 billion at the time of the above loan contract. (2) Non-payment C of the loan principal and interest was partially repaid.

In February 2, 2015, the principal and interest of the base loan amounting to KRW 655,173,009 (= Principal amounting to KRW 148,530,887 and interest amounting to KRW 505,713,662 and KRW 928,460).

3) The Solomon Savings Bank was declared bankrupt on April 30, 2013 (this Court Decision 2013Hahap46) of the Solomon Savings Bank. The Plaintiff was appointed as a trustee in bankruptcy. [The Plaintiff’s written evidence Nos. 1 through 7, Eul’s evidence No. 4, and the purport of the whole pleadings and arguments No. 4, based on the recognition.

B. According to the above facts, as a joint and several surety, the Defendant is jointly and severally liable to pay the Plaintiff the principal and interest of KRW 655,173,009 as of February 2, 2015 and the principal amount of KRW 148,530,87, which is the date following the date of settlement of accounts, to the Plaintiff within the limit of KRW 1,09,200,000,000 per annum from February 3, 2015 to the date of full payment.

2. Judgment on the defendant's assertion

A. As to the assertion on invalidity of the guarantee contract, the defendant's summary of the assertion that the guarantee contract should be invalidated is the first citizen of the society who joined C on February 10, 2009.

On February 13, 2009, the director E was appointed as the representative director upon the request of the director E.

E prepared a letter to succeed to the obligations of the company that occurred when the defendant has a representative director, and became aware of the defendant.

E. As such, E.

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