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(영문) 서울중앙지방법원 2016.05.03 2015가단199509
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. On January 12, 2012, Defendant A entered into an agreement with the more Bable Savings Bank (hereinafter “Sable Savings Bank”), setting the interest rate of 17.9% per annum and the overdue interest rate of 25% per annum, to borrow KRW 70 million per annum (hereinafter “instant loan”), and Defendant B and C jointly and severally guaranteed the instant loan obligations within the limit of KRW 91 million per annum.

B. Defendant A was in arrears with the payment of the instant loan and lost the benefit of January 10, 2013. Nonparty Savings Bank was declared bankrupt and appointed as bankruptcy trustee. As of August 31, 2015, the instant loan obligation remains in KRW 11,566,625, the Defendants are jointly and severally liable to pay the Plaintiff KRW 11,566,625.

2. Determination

A. According to Gap evidence No. 1, the above 1.A.

The fact that the loan agreement and joint and several guarantee agreement between the non-party savings bank and the defendants have been concluded can be acknowledged as stated in the claim. However, it is difficult to recognize the fact that the defendants still have the interest liability of KRW 11,56,625 as of August 31, 2015, and there is no other evidence to acknowledge it.

B. Rather, comprehensively taking account of the overall purport of the pleadings in each statement in the evidence Nos. 1 through 3, Defendant A paid the instant loan to the day of January 2013, and the principal of the loan remains at KRW 5,250 as of October 15, 2013. However, Defendant C paid KRW 35 million to the Plaintiff for the repayment of the said loan obligation. The Plaintiff appears to have received KRW 4,00,000 as the claim for the said loan in the auction procedure regarding the real estate owned by Defendant A after September 2015 with regard to the real estate owned by Defendant A as the claim for the loan amount of KRW 11,56,625, as the claim for the instant loan. In light of the above, in view of the foregoing, the interest rate remains at KRW 11,566,625 as the claim for the loan.

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