logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.01.23 2014가단15193
신용카드이용대금
Text

1. Defendant C and D shall jointly and severally file with the Plaintiff KRW 5,200,000,000 and KRW 3,000,000 among them, starting from March 20, 2014.

Reasons

1. Basic facts

A. The project of this case and the loan of this case (1) Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd”) determined the Si Construction as the non-party Eastdong Construction Co., Ltd. (hereinafter referred to as the “non-party Co., Ltd.”) to implement G apartment construction project (hereinafter referred to as the “instant project”) on the ground of the F and 166 parcel of land

(2) On September 3, 2007, the Defendant Company entered into a PF loan agreement (hereinafter “instant loan agreement”) with 20 lending financial institutions, including Gan Savings Bank (hereinafter “San Savings Bank”) (hereinafter the above 20 lending financial institutions”) to receive a total of 109.5 billion won from the lender of this case for the purpose of training funds for the instant business.

(3) The lender of the instant case conducted a loan based on the share to the Defendant Company in accordance with the instant loan agreement.

On September 4, 2007, the bankrupt bank also loaned 4 billion won at the interest rate of 10.5% per annum, 21.5% per annum, and the due date on July 4, 2012.

(hereinafter referred to as “the instant loan”). Nonparty Company B, H, and I jointly and severally guaranteed the principal and interest obligation of Defendant Company at the time.

Defendant E guaranteed the principal and interest obligation of Defendant E on August 29, 2008.

B. (1) The non-party company, which is the contractor of the instant business, was classified as an enterprise showing signs of insolvency in accordance with the former Corporate Restructuring Promotion Act [limited to the invalidation on December 31, 2010 under Article 2(1) of the former Rules (No. 8572); hereinafter the same shall apply].

(2) The creditor financial institutions council (the lender of this case, including the bankrupt savings bank, is also a member of the council; hereinafter referred to as the “council of this case”) composed of 45 creditor financial institutions, which are creditors against the non-party company, the principal creditor bank of which is the non-party company, shall be the former corporate restructuring.

arrow