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Reasons
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(영문) 제주지방법원 2019.01.10 2017나11223
대여금
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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

Reasons

1. Facts of recognition;

A. A Co., Ltd. (hereinafter “A”) was declared bankrupt on April 30, 2013 by Seoul Central District Court No. 2013Hahap54, and the Plaintiff was appointed as bankruptcy trustee.

B. On May 13, 2008, A entered into a credit transaction agreement with Defendant B (hereinafter “the instant credit transaction agreement”). The amounting to KRW 510,00,000 per annum 18.25% per annum, delay damages, 30% per annum, and on May 8, 2009 upon the expiration date of the credit period (hereinafter “the instant loan obligation”), and the Defendant Limited Liability Company C (hereinafter “C”), D (the name prior to the change is F.), and E jointly and severally guaranteed the said loan obligation.

C. Defendant B failed to repay the full amount of the loan by the expiration date of the credit period on May 8, 2009.

The principal and interest of Defendant B in arrears until May 16, 2018 is KRW 617,483,868 (= principal and interest of KRW 0,483,868).

[Reasons for Recognition] Unsatisfy, Gap 1-23 evidence, Eul 1-20 evidence (including each number), the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the accrued interest or delay damages out of the instant loan obligations, unless there are any special circumstances.

3. Judgment on the defendants' assertion

A. The facts subsequent to the facts do not conflict between the parties, or may be recognized by compiling the above evidence.

On May 13, 2009, Defendant C, E, D 2,390,000,000 111% 22% as of May 13, 2009, Defendant C, E, D 230,000,00 18.25% as of May 2, 2009, Defendant C, E, D 230,000,000 30% as of May 3, 2009, and 30% as of January 28, 2011, A entered into a loan and joint guarantee contract with the following content, including the credit transaction agreement in this case:

B and C Certificates of Performance of Obligations Related to Loans

1. Details of obligations (base date: April 15, 2009);

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