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(영문) 서울중앙지방법원 2017.10.25 2016나57955
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Codefendant B of the first instance trial (hereinafter “B”) is the chairperson of E Co., Ltd. (hereinafter “E”) and the F Co., Ltd. (hereinafter “F”), the contractor of the construction and sale of D apartment (hereinafter “instant apartment”) in Gangseo-gu Busan Metropolitan City, and the co-defendant B (hereinafter “E”), who have overall control over the business of the said company.

B. On June 9, 2006, the Promotion Mutual Savings Bank Co., Ltd. (hereinafter “Promotion Mutual Savings Bank, regardless of whether it was before or after the change,”) entered into a loan agreement with the Defendant setting the loan amount of 18,30,000 won for general loans for the subject of credit, the amount of credit amount of 18,30,000 won per annum, interest rate of 12% per annum, and interest rate of 25% per annum, and loans of 18,30,000 won per day (hereinafter “instant loan”).

C. The Promotion Savings Bank was delegated by the Defendant and set on June 9, 201 the expiration date of the credit under the instant loan agreement.

B A around the time of the instant loan agreement, a joint and several guarantee was made within the limit of KRW 5,971,00,000 for loans to the Promotion Savings Bank up to 301 of the number of apartment buyers of the instant apartment including the Defendant’s loan.

E. As of August 18, 2015, the balance of the principal and interest of the instant loan was KRW 36,204,908 in total, including the principal amount of KRW 18,300,00 in total and interest interest of KRW 17,904,908 in interest of arrears, and KRW 330,970 in the relevant provisional payment.

F. On May 20, 2013, the Promotion Savings Bank was declared bankrupt in Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed from the above court as the bankruptcy trustee of the Promotion Savings Bank on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 1, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. According to the above facts finding as to the cause of the claim, the defendant is jointly and severally with the plaintiff 36,535,878 won (=36,204,908 won 330,970 won) of the principal and interest of the loan of this case and the provisional payment amount, barring any special circumstances.

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