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(영문) 서울중앙지방법원 2015.11.27 2014가단5041233
대여금
Text

1. The Defendant (Appointeds) and the designated parties jointly pay KRW 153,168,108 to the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant (Appointed Party) Company A (hereinafter “Defendant Company”) approved the application of the General Terms and Conditions on Savings Bank Credit Transactions with Solomon Savings Bank (hereinafter “Slomon Savings Bank”), and concluded a credit transaction agreement with the total amount of KRW 4.51 billion on December 4, 2011, the loan maturity of KRW 4.50 million, the agreement was 9% per annum, and the overdue interest rate of KRW 25% per annum (hereinafter “instant loan”). The Defendant Company (hereinafter “Defendant Company”) jointly and severally guaranteed all of the Defendant Company’s obligations to the Non-Party Savings Bank as KRW 5.86 billion, and KRW 3 million per annum.

B. Nonparty Savings Bank sold 9,057,305,968 won (hereinafter “instant land”) to the Defendant Company for the payment of the instant loan, etc. around August 25, 201, which was paid to the Defendant Company by public sale of the volume of D 25,709m2 (hereinafter “instant land”).

B. On April 30, 2013, Nonparty Savings Bank was declared bankrupt by this Court No. 2013Hahap46, and the Plaintiff was appointed by this Court as bankruptcy trustee.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including branch numbers), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts that the defendant company is jointly and severally liable to pay the above amount to the plaintiff, since the interest to be paid by the defendant company to the non-party savings bank remains in KRW 151,168,108, and the defendants asserted that the above interest calculation basis is unclear.

Comprehensively taking account of the above macroscopic evidence, the Defendant Company withdrawn from the loan account to June 2, 201, including the withdrawal of an amount equivalent to KRW 15 million from December 4, 2009, from time to time to time on June 2, 201, and withdrawn money and the arrangement for each month that was withdrawn by the Defendant Company as of June 2, 2011, total sum of 3,597,191.

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