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(영문) 서울중앙지방법원 2016.04.20 2015가단5345291
대여금
Text

1. The defendant shall pay to the plaintiff KRW 92,44,075 as well as KRW 26,224,040 among them, from May 14, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 6, 2011, the Defendant entered into a credit transaction agreement with Seoul Mutual Savings Bank (hereinafter referred to as “Seoul Mutual Savings Bank”) under which loans from the said Bank amounting to KRW 142,00,000 (hereinafter referred to as “the instant credit transaction agreement”) and received loans from the said Bank by setting at 23% per annum of general loans from the subject of credit, and damages for delay.

B. B jointly and severally guaranteed the Defendant’s obligations to Seoul Mutual Savings Bank.

C. Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

As of May 13, 2015, the principal and interest of a loan under the credit transaction agreement of this case as of May 13, 2015 are KRW 92,44,075 in total (i.e., the balance of principal KRW 26,224,040 in delay damages).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 14, the purport of the whole pleadings

2. Determination

A. The Defendant, as the primary debtor, is obligated to pay damages for delay calculated at the rate of 23% per annum from May 14, 2015 to the date of full payment with respect to the total amount of principal and interest 92,44,075 won under the instant credit transaction agreement and the balance of principal 26,224,040 won.

B. The Defendant’s assertion is consistent with the signing and sealing of the instant credit transaction agreement. However, the Defendant, at the time of 201, knew that it was a guaranteed document and signed at the request of B, and did not verify the detailed contents, and the Defendant did not have any obligation to repay its obligations under the instant credit transaction agreement, and filed a petition for bankruptcy.

As the Plaintiff is, the Plaintiff signed and sealed the credit transaction agreement of this case as the principal debtor.

At the time of the instant credit transaction agreement, the Plaintiff submitted a resident registration certificate and a certificate of personal seal to the party related to the debt.

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