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(영문) 서울중앙지방법원 2015.10.29 2014가단205902
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 337,04,237 and KRW 122,876,798 among them. From June 16, 2014.

Reasons

On February 26, 2008, the Future Savings Bank Co., Ltd. extended a loan of KRW 100,000,000 to Defendant A at an annual interest rate of KRW 23.725%, annual interest rate of delay, 33% per annum, and July 10, 2009, and Defendant B guaranteed Defendant A’s loan obligations.

(1) On November 27, 2008, the Future Savings Bank Co., Ltd. extended a loan to Defendant A at the interest rate of KRW 48,000,000 per annum 25.5% per annum, the delay interest rate of KRW 33% per annum, and the due date of repayment on April 11, 2010, and Defendant B jointly and severally guaranteed Defendant A’s loan obligations.

(Second Loan) The Future Savings Bank Co., Ltd. was declared bankrupt on April 30, 2013, and the Plaintiff was appointed as bankruptcy trustee.

The amount of loan obligations calculated by June 15, 2014 is 337,04,237 won in total, 122,876,798 won in principal, interest and delay damages.

(1) Each entry in the evidence Nos. 1 and 2,876,79,664 won of the loan principal, interest and delay damages, and interest and delay damages 171,377,775 won of the loan principal 22,876,798 won of the loan principal, interest and delay damages 42,749,664 won of the loan principal / [based on recognition] the overall purport of the pleading as well as the signature and seal of the documents for joint and several sureties, but the defendant Eul argued that he had talked about the exclusion from joint and several sureties because he received contact from the person in charge of the future savings bank in the future savings bank in 2006 and had already been subject to bankruptcy exemption and exemption in 206. However, it is insufficient to acknowledge that the statement in the evidence No. 1 of the evidence No. 2 is excluded from the

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 37,04,237 won and 122,876,798 won among them with 33% interest rate per annum from June 16, 2014 to the date of full payment. Thus, the defendants are jointly and severally liable to pay damages for delay calculated with 33% interest per annum from June 16, 2014 to the date of full payment

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