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(영문) 광주지방법원목포지원 2015.04.28 2014가단77
대여금
Text

1. The defendant B, D, and limited liability company E jointly and severally with the plaintiff KRW 1.47 billion and they are jointly and severally with the plaintiff.

Reasons

1. Facts of recognition;

A. On February 2, 2009, Defendant A Co., Ltd. (hereinafter “Bankruptcy Bank”) entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) on a credit basis, setting forth a comprehensive passbook loan, credit limit of KRW 5 billion, credit period of KRW 2010,000,000 per annum 13% per annum of agreed interest rate, and agreement delay damage rate of KRW 25% per annum, and Defendant C jointly and severally guaranteed the obligation under the instant credit transaction agreement (hereinafter “instant joint and several guarantee”). On the same day, Defendant D Co., Ltd (hereinafter “Defendant D”) agreed to guarantee the present and future debt owed to each of Defendant B Bank within the limit of KRW 6.5 billion, and Defendant E Co., Ltd. (hereinafter “Defendant E”).

On the same day, the Bankruptcy Bank paid the loan to the head of the Tong in the name of the defendant B.

B. Meanwhile, on March 5, 2012, the Bankruptcy Bank was declared bankrupt by the Gwangju District Court, and the Plaintiff was appointed as the bankruptcy trustee.

[Reasons for Recognition] Defendant B, E: Each entry in the evidence (including the serial number) set forth in Article 150 of the Civil Procedure Act (Article 150 of the Civil Procedure Act)

2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally seek payment of KRW 1.477 billion to the Plaintiff, as the Plaintiff seeks, in total, KRW 9,746,211,764, total amount of the principal and interest of the loan, etc., which is the principal and interest of KRW 1.47 billion, which is a part of the amount of credit limit.

D. The Defendant Company E is obligated to pay 25% interest per annum from October 17, 2013 to the date of full payment. Defendant Company D is obligated to pay each amount within the limit of 6.5 billion won, and Defendant Company E is obligated to pay each amount within the limit of 5.4 billion won.

3. Determination as to Defendant C’s defense

A. A summary of the defense of invalidation of the 1st defense due to a conspiracy, false representation, or an expression of intention without fault is limited to the representative director in the name of Defendant B, and the bankruptcy bank.

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