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(영문) 서울중앙지방법원 2017.01.17 2015가단199486
대여금
Text

1. The Plaintiff:

A. The Selected B Co., Ltd. is from December 3, 2014 to KRW 864,604,106 and KRW 500,00,000 among them.

Reasons

1. Facts of recognition;

(a) On January 9, 2008, Samwon Savings Bank Co., Ltd. (hereinafter “Seoul Savings Bank”) concluded a credit-limit of KRW 1.75 billion (the maximum amount of loans shall be increased to KRW 2.2 billion on April 25, 2008, and KRW 5.7 billion on May 7, 2010), interest rate of KRW 13% (the amount shall be changed to KRW 6.6% on July 29, 2009), interest rate of KRW 25% per annum (the amount shall be changed to KRW 18% per annum on July 9, 2010), extension transaction agreement with the designated company B (the amount shall be extended to January 9, 201) on April 9, 2008 (the amount shall be extended to September 9, 201) (hereinafter “the instant credit transaction agreement”) with the lender.

(B) A loan made pursuant to the instant credit transaction agreement (hereinafter “instant loan”).

At the time of the credit transaction agreement of this case, the Defendant (Appointed Party, hereinafter referred to as the “Defendant”) and the designated parties D, and E (hereinafter referred to as the “E”) jointly and severally guaranteed the obligation of loans to the designated parties B to the Samwon Savings Bank in accordance with the credit transaction agreement of this case at the time of the credit transaction agreement of this case, the amount of each guarantee limit was finally increased by KRW 7.41 billion.

On May 6, 2010, the designated parties C set the guarantee limit of KRW 7.41 billion as a joint and several surety with respect to the obligation of loans to the designated parties B under the credit transaction agreement of this case.

C. Samsung Mutual Savings Bank was declared bankrupt on June 24, 201 by Seoul Central District Court 201Hau72, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

As of December 3, 2014, the remaining principal and interest on a loan claim under the instant credit transaction agreement are KRW 8,058,087,744 in total (i.e., remaining principal 4,303,282,340 for delay damages of KRW 3,754,805,404).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9 (including branch numbers, if any) and the purport of whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the plaintiff seeks, except in extenuating circumstances.

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