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(영문) 서울중앙지방법원 2017.05.31 2016가단5067437
대여금
Text

1. The defendant shall pay KRW 2,017,069,016 to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

Facts of recognition

On June 2, 2008, Korea Savings Bank Co., Ltd. (formerly: Korea Mutual Savings Bank; hereinafter “Korea Savings Bank”) entered into a credit transaction agreement with B Co., Ltd. (hereinafter “B”) with a loan of general funds, amount of credit amount of KRW 9 billion, date of credit extension, June 2, 2008, the expiration date of the credit, September 2, 2008, the interest rate of KRW 11% per annum, and damages rate of KRW 25 billion per annum (hereinafter “the credit transaction agreement of this case”).

On the same day, the defendant guaranteed the debt owed by B to the Korea Savings Bank according to the credit transaction agreement of this case within the limit of KRW 12.6 billion.

B was unable to repay the loan despite the expiration of the credit term of the instant credit transaction agreement, and the Korea Savings Bank filed an application for voluntary auction on the land located in approximately 91,00,00,000,000,000 won and appropriated the total amount of the principal amount of KRW 8,786,30,000 and interest of KRW 2,625,84,844,844 on June 24, 201 in the Daegu District Court D Real Estate Rental Auction case, which was owned by the Korea Savings Bank.

The Korea Savings Bank received part of the interest claim in the distribution procedure of other auction cases by October 8, 2012 and became 2,017,069,016 won as of September 23, 2015.

The Korea Savings Bank was declared bankrupt by this Court on April 30, 2013, and the plaintiff was appointed as the bankruptcy trustee.

[Grounds for recognition] There is no dispute, and according to the above facts of determination as to the grounds for a claim for determination of the purport of the entire pleadings, the defendant is obligated to pay the plaintiff the balance of interest claim 2,017,069,016 won as a joint and several surety for a loan to the Korea Savings Bank in B, as a joint and several surety for a loan to the Korea Savings Bank.

The defendant's assertion and judgment on this issue are asserted that there was no signature and seal on the Labor Guarantee Certificate No. 6, but it is admitted by the evidence mentioned above.

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