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(영문) 대전지방법원 2015.02.12 2014가단24249
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 36,923,659 and KRW 20,046,917 among them.

Reasons

1. Facts of recognition;

A. On October 31, 2005, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit transaction agreement with the content of receiving general loans (hereinafter “the instant credit transaction agreement”) with the non-party Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank” on May 6, 201; hereinafter “Korea Mutual Savings Bank”) at the interest rate of KRW 420 million,00,000,000 per annum 15% (the interest rate was changed to 8.5%) per annum, 23% per annum, 23% per annum, and 31 October 31, 2006 (the period extended to October 31, 2009 thereafter). Defendant B jointly and severally guaranteed the said loans with the guarantee limit of KRW 630,000,000.

B. The amount of KRW 395,203,789, out of the amount of KRW 41,9430,000,000 after deducting the procedural costs for loan handling from Defendant B or his wife C, and KRW 24,226,211,00,000, was transferred as substitute to repay the principal and interest of general loan loans in the name of Defendant C and his wife, and the remaining amount of KRW 24,226,211,00,000 was deposited into the provisional deposit account in the name of the Defendant Company.

Afterwards, some of the money deposited in the provisional deposit account was withdrawn in cash, and the remainder was repaid as interest on the loan of this case.

C. On August 28, 2007, the non-party bank received KRW 3040,000 from the defendant company, and KRW 3,032,054 out of which was repaid as interest of the loan of this case, and the remainder of KRW 7,946 was deposited into the provisional deposit account in the name of the defendant company.

After that, the money deposited in the above provisional loan account was repaid as interest of the loan of this case.

On July 9, 2010, the non-party bank received KRW 426 million from the defendant company. Among them, KRW 1,491,366 among the legal procedure costs, KRW 24,55,51 as interest on the loan of this case, KRW 39,953,083 as interest on the loan of this case, and KRW 39,953,083 as interest on the loan of this case.

E. As of March 6, 2014, Defendant Company did not repay KRW 20,046,917 (i.e., KRW 420 million - KRW 399,953,083) and interest KRW 16,876,742.

(f).

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