logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.18 2014가단251844
대여금등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,181,529,730 and KRW 481,251,185 among them.

Reasons

1. Basic facts

A. The New Savings Bank (hereinafter “New Savings Bank”) was declared bankrupt on October 29, 2013 by the Seoul Central District Court 2013Hahap161, and the Korea Deposit Insurance Corporation was appointed as the trustee in bankruptcy of the said Bank.

B. On December 1, 2011, the New Savings Bank loaned KRW 990,00,00 to Defendant A Co., Ltd. (hereinafter “Defendant A”) at the maturity of KRW 12.9% on September 2, 2012, interest rate of KRW 12.9% on delayed interest rate of KRW 25% (hereinafter “instant loan”). Defendant B and C set the maximum amount of collateral guarantee in relation to the said loan as KRW 1,287,00,000 on each of the above loans and provided comprehensive collateral guarantee for all obligations owed by Defendant A to the New Savings Bank.

C. A delayed the performance of the obligations stipulated in the instant loan and lost the benefit of time on September 2, 2012.

As of June 24, 2015, Defendant A bears the obligation of KRW 1,703,776,659, the sum of principal and interest of KRW 989,83,416, the sum of principal and interest of KRW 700,278,545, and KRW 13,614,698 for the Plaintiff.

On June 24, 2015, the Plaintiff received dividends of KRW 522,246,929 from Defendant B’s real estate auction case (U.S. District Court D) and appropriated the provisional payment for KRW 13,614,698, the principal amount for KRW 508,632,231.

E. As of June 24, 2015, Defendant A bears the obligation of KRW 1,181,251,185 with respect to the Plaintiff as of June 24, 2015, including the total of KRW 700,278,545 with respect to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 8 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of determination, the defendants shall pay to the plaintiff 1,181,529,730 won in the balance of principal and interest of 700,278,545 won in principal and interest of 25% in the agreed interest rate for delay from June 24, 2015 to the date of full payment, and the defendants B and C shall be liable to pay to the plaintiff 1,287,000 won in each of the agreed interest rate of 1,287,000 won.

3. Thus, the plaintiff's claim of this case.

arrow