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Reasons
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(영문) 광주지방법원순천지원 2015.12.10 2015가단3161
대여금
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1. The Defendants are jointly and severally liable to the Plaintiff’s Intervenor for KRW 2,022,05,717 and KRW 899,876,601 among them.

Reasons

1. Facts of recognition;

A. On October 21, 2005, the Plaintiff entered into a credit transaction agreement with Defendant A Co., Ltd. to provide loans of KRW 900 million by setting the interest rate of 10% per annum and 22% per annum, and Defendant B, C, D, and Fur loan each within the limit of KRW 1,170,000,000 per annum. Defendant A guaranteed all obligations owed by Defendant A under the said credit transaction agreement to the Plaintiff.

B. Defendant A, after September 25, 2014, did not pay the principal and interest of the loan to the Plaintiff. As of September 26, 2014, the principal and interest of the loan in arrears as of September 26, 2014 are KRW 2,02,05,05,717 in total, the principal and interest of the loan in arrears are KRW 89,876,601, interest 122,179,116.

C. On June 15, 2015, the Plaintiff was declared bankrupt by the Gwangju District Court 2015Hahap5003, and the Intervenor succeeding to the Plaintiff was appointed as the Plaintiff’s bankruptcy trustee.

Plaintiff

On June 25, 2015, the succeeding intervenor succeeded to the instant lawsuit, and the Plaintiff withdrawn from the instant lawsuit on June 29, 2015.

[Ground of Recognition] Facts without dispute, entry of Gap's evidence 1 to 4, purport of the whole pleadings (for defendant corporation A, C, and D, service by public notice)

2. According to the above facts, Defendant A is obligated to pay to the Intervenor succeeding to the Plaintiff, who is the trustee in bankruptcy the total amount of outstanding principal and interest of KRW 2,022,05,717, and to pay damages for delay calculated at the rate of 22% per annum as stipulated in the above credit transaction agreement from September 26, 2014 to the date of full payment. Defendant B, C, D, and Fur loan is jointly and severally liable with Defendant A to pay the above principal and interest of KRW 1,170,000,000 within the limit of KRW 1,170,000,000 as stipulated in each of the above credit transaction agreement.

3. Conclusion of the Plaintiff’s claim against the Defendants is accepted in entirety.

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