(영문) 서울중앙지방법원 2015.05.15 2014가합44883

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(영문) 서울중앙지방법원 2015.05.15 2014가합44883

청구이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 18, 2008, the Gyeonggi Savings Bank Co., Ltd. (hereinafter “the Gyeonggi Savings Bank”) entered into a credit transaction agreement with B on July 18, 2008, setting a maximum of 25% of the total loans for general loans for credit subjects, the maximum amount of loans 1.4 billion won, the date of maturity of the credit, July 18, 2008, the date of maturity of the credit, July 18, 2009, the fixed interest rate of 12% per annum (hereinafter “the instant credit transaction agreement”); and on the same day, the Plaintiff, the representative director of B, concluded an agreement between B and B, the Gyeonggi Savings Bank, to jointly and severally pay the guaranteed liability for all obligations owed by B to B to the Gyeonggi Savings Bank, within the limit of 1,960,000,000 won.

(hereinafter referred to as the “instant collateral guarantee agreement”). B.

B, however, in arrears with the payment of interest to the Gyeonggi Savings Bank, lost the benefit of time, and the Gyeonggi Savings Bank collected part of the instant loan by proceeding with the compulsory execution procedure against the secured real estate of the instant loan, and the amount of outstanding debt out of the instant loan is KRW 445,04,703 as of May 13, 2014.

C. The Gyeonggi Savings Bank was declared bankrupt on July 1, 2013 (Seoul Central District Court 2013Hahap88), and the Defendant was appointed as a trustee in bankruptcy on the same day.

The Defendant filed an order for payment (Seoul Central District Court Decision 2014Da32343, Jun. 17, 2014) with the Plaintiff seeking the payment of KRW 445,04,704 and the expenses for demand procedure (Seoul Central District Court Decision 2014Da32343, Jun. 17, 2014) on the ground that the Defendant was not reimbursed the above KRW 445,004,704 among the instant loan obligations, and the payment order accordingly was issued on and finalized

(hereinafter “instant payment order”). 【The ground for recognition” has no dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The Plaintiff’s summary of the Plaintiff’s assertion is the Plaintiff.

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