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1. The defendant shall be jointly and severally with the plaintiff 538,775,874 won and 350,000,000 won among them.
Reasons
1. The facts following the facts do not conflict between the parties, or may be found in Gap evidence Nos. 1 to 5, and Eul evidence Nos. 1 and 2 by taking into account the whole purport of the pleadings:
The Busan Savings Bank (hereinafter “B”) was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, the Plaintiff was appointed from the above court as the bankruptcy trustee of the Busan Savings Bank. The Defendant was registered as a representative member B of C on December 29, 2006 to the agricultural company B (hereinafter “B”).
B. On July 28, 2010, Busan Savings Bank entered into a credit transaction agreement with B with a lending limit of KRW 350,000,000, maturity of July 28, 2015, interest rate of KRW 11% per annum, and delay compensation rate of KRW 21% per annum. On the same day, the Bank borrowed KRW 350,000,000 to the company (hereinafter “instant loan”).
C. However, B did not pay interest from October 28, 2010, and until now, B did not pay the principal and interest of the loan.
The sum of the agreed interest and delay damages incurred from the instant loan from October 28, 2010 to January 8, 2014 is KRW 188,775,874.
2. According to the above facts of the judgment as to the cause of the claim, the Defendant, as a member of B, became final and conclusive with respect to the above Company B, CB and D, a representative member, respectively.
jointly and severally with the Plaintiff, 538,775,874 won (i.e., the agreed interest and delay damages of KRW 350,00,000 up to January 8, 2014), which is the sum of the principal and interest of the instant loan (i.e., the agreed interest and delay damages of KRW 188,775,874), and (ii) the principal amount of KRW 350,000,000,000 shall be liable to pay damages for delay at the rate of 21% per annum from January 9, 2014 to the date of full payment.
3. Judgment on the defendant's assertion
A. 1 The defendant asserts that he is not a member of B. The defendant is paid KRW 1,00,000 per month under the pretext of salary and he is a member of B in Busan Savings Bank E.