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(영문) 대전지방법원 2015.05.07 2014가단35621
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 3,00,000,00 and KRW 2,640,000 among them, from September 30, 2009.

Reasons

1. Facts of recognition;

A. On December 31, 2008, the non-party L&C Co., Ltd. (hereinafter referred to as the "non-party company") entered into a credit transaction agreement with the non-party company Daejeon Mutual Savings Bank (hereinafter referred to as the "non-party company") on the amount of KRW 4.4 billion per annum, 14% per annum, 21% per annum, 21% per annum, and 31 December 31, 2009, the expiration date of the credit, with the term "the first credit transaction agreement of this case" (hereinafter referred to as the "the credit transaction agreement of this case"), and the defendants jointly and severally guaranteed the above loan obligations with each guarantee limit of KRW 5.72 billion.

B. The non-party company merely repaid interest on the loan obligations under the credit transaction agreement of this case until September 29, 2009, and thereafter delays the repayment of principal and interest up to the present time.

C. In addition, on November 6, 2009, the non-party company entered into a credit transaction agreement with the content of receiving a general loan (hereinafter “the credit transaction agreement of this case”) with the interest rate of 12% per annum from the non-party bank, damages rate of 21% per annum, and the date of expiry of the term of credit on May 6, 2010. The Defendants jointly and severally guaranteed the above loan obligations with each guarantee limit of 780 million won.

The non-party company did not pay interest on the debt under the credit transaction agreement of this case until December 5, 2009, and thereafter did not pay the principal and interest up to the present.

E. The loans under the instant loan Nos. 1 and 2 were used for the repayment of the previous loans to the non-party bank, etc.

F. Meanwhile, the non-party bank was declared bankrupt on February 2, 2012 by Daejeon District Court 201Hahap1, and the plaintiff was appointed as the bankruptcy trustee on the same day.

[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's 1 through 6, 10, 11, 13, 15, and 16 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendants are the defendants on the 1, 2.

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