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(영문) 서울동부지방법원 2014.12.19 2014나2107
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be jointly and severally liable to the plaintiff A for 260,000.

Reasons

1. Facts of recognition;

A. On January 20, 201, the Future Savings Bank Co., Ltd. (hereinafter “FE Savings Bank”) extended a loan of KRW 200,000 to A (hereinafter “A”) at the interest rate of KRW 13% per annum, interest rate of KRW 25% per annum, and due date of payment on July 20, 2011 (hereinafter “instant loan”). On the same day, the Defendant provided a limited guarantee for the instant loan to A’s future Savings Bank up to KRW 260,000,000 as joint and several surety (hereinafter “joint and several surety”).

B. The principal and interest of the instant case as of September 4, 2012 is KRW 172,353,779 (i.e., principal KRW 119,74,716, interest at KRW 52,565,202, interest at KRW 43,861).

C. The future savings bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3-5, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant, as a joint and several surety, is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings to be sought by the plaintiff, within the limit of 260,00,000 won as joint and several surety A, jointly and severally with the principal obligor A, for the principal amount of KRW 172,353,779 and for the principal amount of KRW 119,74,716.

B. (1) The defendant's defense against the defendant was decided on May 4, 2012 by filing a bankruptcy and application for immunity (hereinafter "application for immunity") with the Daegu District Court Decision 2012Hau 2240, 2012Hau 2240, 2012, and 2240 (hereinafter "the bankruptcy and application for immunity") and was granted immunity on February 21, 2013. Although the joint and several debt of this case was not entered in the creditor's list, it did not know the existence thereof by negligence, the joint and several debt of this case is the debtor's rehabilitation and the debtor's exemption.

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