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(영문) 서울중앙지방법원 2014.04.30 2013가단5153702
대여금
Text

1. The Defendants shall be jointly and severally liable to the extent of KRW 6,068,00,000 for Defendant B, and Defendant C shall be KRW 6,50,000 for KRW 6,50,000.

Reasons

1. Facts of recognition;

A. On January 24, 2008, Solomon Savings Bank Co., Ltd. (hereinafter “Slomon Savings Bank”) concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a credit item discount bill and credit limit of five billion won.

B. On January 24, 2008, Defendant C entered into a comprehensive collateral guarantee agreement with the limit of 6,500,000,000 won for all obligations arising from a bill loan, instrument loan, bill discount, or other credit transaction that the Defendant Company owes to the Nonparty Bank, and with the future designation type (the date three years have elapsed from the date of the guarantee agreement, designating the date of settlement of accounts via written notification by the guarantor) at the end of the settlement of accounts. On October 24, 2008, Defendant B entered into a collective collateral guarantee agreement with the Defendant Company on all obligations at present and in the future (hereinafter “instant collateral guarantee agreement”) with the limit of 6,068,00,000 won for all obligations that the Defendant Company owes to the Nonparty Bank, and with the designation type of the settlement date of accounts settlement (hereinafter “instant collateral guarantee agreement”).

C. Based on the above credit transaction agreement on November 3, 2008, the Defendant Company obtained a discount rate loan (hereinafter “instant loan”) with the amount of KRW 4,367,00,000 from the Nonparty bank on November 17, 2008 due date set at 17% per annum, 17% per annum, and 29% per annum.

As of October 15, 2013, the loan of this case remains as principal and interest KRW 9,654,514,387 (the principal and interest KRW 2,151,11,130 + the delay damages + KRW 7,503,403,257).

E. On April 30, 2013, Nonparty Bank was declared bankrupt by the Seoul Central District Court No. 2013Hahap46, and the Plaintiff was appointed as the bankruptcy trustee.

[Ground of recognition] With respect to Defendant Company and Defendant C: Article 150(3) and (1) of the Civil Procedure Act: The absence of dispute against Defendant B, each entry in Gap evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendants shall be jointly and severally requested by the plaintiff as part of the claim.

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