(영문) 광주지방법원목포지원 2016.02.24 2014가단10524

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(영문) 광주지방법원목포지원 2016.02.24 2014가단10524

대여금

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 6, 2009, Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) and Defendant A (hereinafter “Defendant Company”) drafted a film production investment and profit-sharing contract (hereinafter “instant investment agreement”) with respect to film production “D” as follows.

Article 3 (Distribution of Profits) The agreement between the Co., Ltd. and the defendant company shall be based on the separate agreement between the Co., Ltd.

1. Under the above contract, KRW 350,000,000,000 out of the funds to be raised by the Defendant Company shall be treated as loans from Nonparty Bank.

2. The profits shall be paid by converting the loans of the non-party bank to the defendant company, if the film has exceeded the quarterly point of profits and losses, into the investments made by the defendant company;

3. When the film does not reach the quarterly point of profit and loss, the non-party bank shall guarantee the repayment of principal for the loan principal of KRW 350 million, and the principal of the loan after settlement shall be immediately repaid, and the repayment of interest shall be made later by the non-party bank and the defendant company.

B. On October 7, 2009, Nonparty bank entered into a credit transaction agreement with Defendant Company on the credit limit amount of KRW 400 million, interest rate of KRW 12% per annum, delay compensation rate of KRW 25% per annum, and October 7, 2010 on the expiration date of the credit period (hereinafter “instant loan agreement”), and Defendant B jointly and severally guaranteed this.

C. On March 5, 2012, Nonparty Bank was declared bankrupt by the Gwangju District Court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (the defendant has no evidence to prove that the slips No. 6 were forged), Eul evidence Nos. 3, 4, 9, and 13, and the purport of the whole pleadings

B. According to the above facts of recognition, the defendants are jointly and severally liable to pay the principal and interest of the loan under the loan agreement of this case to the plaintiff, unless there are special circumstances.

As to this, the Defendants’ loan agreement of this case is the Defendant Company.

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