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(영문) 부산지방법원 2015.09.22 2014가단95851
대여금
Text

1. The Plaintiff:

A. As to the global industry of the Defendant Digital Corporation, KRW 1,284,642,850 and KRW 772,409,092.

Reasons

1. Facts of recognition;

A. On October 30, 2012, the Plaintiff is a person appointed as a trustee in bankruptcy pursuant to the Busan District Court Decision 201Hahap7 rendered on October 30, 2012 with respect to the Pacific Savings Bank (hereinafter “SP Savings Bank”).

B. 1) On May 31, 2011, the Pacific Savings Bank Co., Ltd. (hereinafter “the global industry”) shall be the domestic global industry (hereinafter “the domestic global industry”).

) A credit transaction agreement between the Department and the Bank on the credit terms “80,000,000 won for general loans, 800,000,000 won for loans, interest rate of December 31, 201, 12% per annum, and 25% per annum for delay (hereinafter “instant loans”).

(2) At the time, Defendant A, the representative director of B, at the time of May 31, 201, guaranteed the comprehensive collateral of KRW 1,040,000 as to the instant loan obligations, with the limit of collateral guarantee.

C. As of October 13, 2014, the outstanding principal of the loan extended to the global industry is KRW 772,409,092 as of October 13, 2014, and there is an agreed delay damages at the rate of 25% per annum from September 30, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of claim and the defendant's assertion

A. According to the above facts of recognition as to the cause of the claim, the defendant Lee Jong Global Industry is obligated to pay to the plaintiff 1,284,642,850 won and 772,409,09,092 won with the interest rate of 25% per annum from September 30, 2014 to the date of full payment. The defendant Gap is jointly and severally liable with the defendant Lee Lee Jong Global Industry Co., Ltd. to pay the above money within the limit of 1,040,000 won per annum.

B. The defendant's argument regarding the defendant's loan of this case is merely a loan of KRW 800,000,000 in the name of the global industry upon D's request that was a major shareholder of the C Co., Ltd. at the time. Since the C Co., Ltd. used 700,000,000 out of the loan of this case for the C Co., Ltd Savings Bank, the plaintiff extended the loan of this case to the defendant.

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