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(영문) 서울중앙지방법원 2016.06.14 2014가단5212684 (1)
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 65,204,490 as well as KRW 38,800,000 among them, from July 16, 2014.

Reasons

1. Each of the statements in Gap evidence Nos. 1 through 15 (including each number) can be acknowledged as follows in full view of the purport of the entire pleadings. Thus, the defendants are jointly and severally liable to pay to the plaintiff damages for delay at the rate of 24% per annum from July 16, 2014, which is the day following the date of final calculation of overdue interest to the day of full repayment, to the amount of KRW 65,204,490, and the loan principal 38,800,000 under the credit transaction agreement in this case.

On June 19, 2006, the Bankrupt Promotion Savings Bank Co., Ltd. (hereinafter referred to as the "Promotion Savings Bank") concluded a credit transaction agreement with the defendant A and lent the amount of KRW 38,80,000 ( KRW 19,400,000) in total as the loan for the sales contract in Busan D apartment Nos. 1111, 1305, 305, 1402 (hereinafter referred to as "the apartments of this case") sold from the defendant A Co., Ltd. (hereinafter referred to as "the apartments of this case") as of June 26, 201.

After that, on June 27, 2011, the Promotion Savings Bank concluded a credit transaction agreement with Defendant A with respect to the total sum of KRW 38,800,000 on the lending date, which is 24% per annum on April 15, 2012, with a view to extending the lending maturity by April 15, 2012.

B. At the time of each credit transaction agreement, Defendant B guaranteed Defendant A’s loan obligations against the Plaintiff.

C. Defendant A delayed the payment of interest from September 28, 201. The principal and interest of the instant loan are KRW 65,204,490 in total as of July 15, 201 (the principal amount of KRW 38,800,000 overdue interest, etc.).

On the other hand, the Promotion Savings Bank was declared bankrupt on May 20, 2013, and the plaintiff was appointed as bankruptcy trustee on the same day.

2. Determination as to Defendant A’s assertion

A. Whether each credit transaction agreement is invalid as a false declaration of conspiracy, Defendant A C Co., Ltd. is the executor of the new apartment construction work, and the construction fund is subsidized to E Co., Ltd., a contractor.

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