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(영문) 부산지방법원 2014.08.20 2013가단101223
대여금
Text

1. The Defendants, the Defendants (Appointeds) B, and the designated parties jointly and severally pay KRW 133,836,102 to the Plaintiff.

2...

Reasons

1. Determination as to the cause of claim

A. 1) The Yong-Nam Savings Bank Co., Ltd. (the Busan District Court Decision 2013Hahap16, Sept. 26, 2013) was declared bankrupt on September 26, 2013, and the Plaintiff was appointed as bankruptcy trustee on the same day.

hereinafter referred to as "Yannam Savings Bank"

on February 4, 2008, E Co., Ltd. (hereinafter referred to as “E”).

(i)a credit transaction agreement between the Department of Finance and Economy (hereinafter referred to as the “instant loan agreement”) setting forth a loan for general funds in the subject of credit, a credit amount of one billion won, an interest rate of 12% on May 4, 2008, interest rate of 12% on delay interest rate and 25% on a yearly basis.

2) On the same day, the Defendants, Defendant (Appointed Party B), Appointed Electric Co., Ltd., and F Co., Ltd. (hereinafter “Appointed”) were concluded.

(2) On February 22, 2009, E jointly and severally guaranteed the obligation based on the said credit transaction set. The principal and interest of the loan as of February 22, 2009 is KRW 1,681,917,808 (i.e., principal and interest of KRW 1.40 million x 294/365 x 25% x 25% hereinafter “instant damages for delay”).

3) On February 23, 2009, Youngnam Savings Bank received dividends of KRW 1,547,553,484 as a mortgagee in the public sale procedure for the Nam-gu G and one parcel owned by E on February 23, 2009, and appropriated the total amount of the loan principal and the damages for delay to part of the said loan. 4) On the other hand, Youngnam Savings Bank offseted the balance of the above compensation for delay against E’s ordinary deposit interest, public sale interest, and other nominal amounts (i.e., KRW 495,308, Jun. 19, 2009; KRW 882, Jun. 19, 2009; KRW 32,030, Jun. 31, 2010; and KRW 2, Jun. 17, 2011).

【Ground of Recognition】 Defendant Tae Young Development Co., Ltd., Ltd., C, D: The purport of the entire pleadings and arguments of Defendant Dae-ro Metal Co., Ltd, Defendant A, Defendant (Appointed Party) B, and Appointors: Each entry and the purport of evidence Nos. 1 through 11 (including paper numbers)

B. According to the above facts of recognition, the defendants, the defendants (appointed parties) B, and the designated parties are above the plaintiff.

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