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(영문) 서울중앙지방법원 2016.01.28 2015가단59236
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,408,954,269 and KRW 491,191,617.

Reasons

1. Facts of recognition;

A. On February 22, 2007, Homato2 Savings Bank Co., Ltd. (the “Inmato2 Savings Bank”) concluded a credit transaction agreement with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on a loan limit of KRW 1 billion (1 billion), the maturity of February 22, 2009, the interest rate of KRW 12% per annum up to the expiration date of the credit period, and the overdue interest rate of KRW 20% per annum (hereinafter “the instant loan agreement”), and the remaining Defendants entered into a joint and several guarantee agreement with the Defendant Co., Ltd. (hereinafter “the instant loan agreement”). On the same day, the Defendant Co., Ltd. and the Mapoto2 Savings Bank entered into a joint and several guarantee agreement with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

(hereinafter “instant neighborhood guarantee contract”). B.

The Defendants, at the time of the instant loan agreement and the collateral guarantee agreement, failed to pay interest, installment repayment, and installment repayment principal and interest at the due date, shall pay damages for delay on the unpaid amount, and shall pay damages for delay on the unpaid amount when failing to repay debts at the due date of the credit period or delay, or when the due date has been lost, damages for delay on the credit balance.

C. The Defendant Company lost the benefit of time under the instant loan agreement, and on February 2, 2015, the balance of the principal of the relevant loan was KRW 491,191,617, and the amount of accrued interest and late interest are KRW 917,762,652.

On April 30, 2013, the Homato2 Savings Bank was declared bankrupt by this court, and the plaintiff was appointed as a trustee in bankruptcy.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants jointly and severally agreed to the Plaintiff the agreed interest rate of KRW 1,408,954,269 (the total sum of the principal of the loan plus KRW 491,191,617,617) and the remainder of the principal of the loan plus KRW 491,191,61,617 from February 2, 2015 to the date of full payment.

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