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(영문) 서울중앙지방법원 2017.08.18 2017가합518699
소멸시효 연장을 위한 대여금등 청구
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) From September 28, 2016, KRW 186,833,33 and KRW 50,000 among them are as follows.

Reasons

1. Basic facts

A. On December 1, 2008, the more Bable Savings Bank (the Young Savings Bank was changed to the more Bable Savings Bank on September 22, 2010, and the name was changed to the more Bable Savings Bank on September 22, 2010; hereinafter “qable Savings Bank”) entered into the following loan agreements with the Defendant Company A (hereinafter “Defendant Company”); Defendant B jointly and severally guaranteed the Defendant Company’s loan obligations against the more Bable Savings Bank.

Loans with loans extended at the interest rate of 300,000,000 won on the date of maturity of loans for the kinds of loans, shall be 400,000,000 general loans of 11.5% on May 29, 2003, general loans of 400,000,000 won on October 6, 2005, and 12.0% on October 6, 2005, general loans of 10,000,000 won on November 7, 2006, and 40,000,000 general loans of 11.5% on November 7, 2006.

B. The Defendant Company lost the benefit of the term of the above loan obligation and demanded a more Bable Savings Bank to pay the loan obligation against the Defendants, but the Defendants did not pay the loan obligation, and the more Bable Savings Bank applied for payment order against the Defendants on October 26, 2007 with the Seoul Central District Court Decision 2007Hu78763 decided Oct. 26, 2007: “The Defendant jointly and severally issued a payment order with the Plaintiff stating that “the principal amount of the above loan obligation is KRW 80,00,000,000 and the attempted interest amount is KRW 9,943,834, 68,350,679, and delay delay damages are paid to the Plaintiff.” The above payment order was served on November 8, 2007 with the Defendant Company and confirmed on November 23, 2007, which became final and conclusive on November 24, 2007.

(hereinafter “instant payment order”). C.

On July 1, 2013, more Bable Savings Bank was declared bankrupt by the Seoul Central District Court and appointed the Plaintiff as the bankruptcy trustee. On December 5, 2011, the Defendant Company was dissolved pursuant to Article 520-2(1) of the Commercial Act, and later the liquidation was terminated pursuant to Article 520-2(4) of the Commercial Act.

The purpose of the Plaintiff’s lawsuit is to file the lawsuit against the Defendants.

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