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(영문) 서울중앙지방법원 2015.12.24 2015가단81783
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff; Defendant A and B respectively within the limit of KRW 84.5 million and KRW 46,968,423 and 30.

Reasons

1. Facts of recognition;

A. On July 1, 2013, Seoul Central District Court Decision 2013Hahap89 decided July 1, 2013, the debtor savings bank (hereinafter “Bable Savings Bank”) was declared bankrupt, and the plaintiff was appointed as bankruptcy trustee.

B. On June 28, 2010, the Nable Savings Bank: (a) lent 65 million won as vehicle and construction machinery loan curriculum to the Defendant Handong Tourism Investment Bank Co., Ltd. (hereinafter “Defendant Company”); (b) 14% per annum on June 21, 2014; and (c) 25% per annum on delay interest rate; and (d) Defendant A and Defendant B jointly and severally guaranteed the Defendant Company’s obligations within the limit of KRW 84.5 million, respectively.

C. The Defendant Company lost the benefit of time by delaying the payment of agreed interest, etc., and on February 13, 2015, the remaining loan obligations as of February 13, 2015 include the principal amount of KRW 30,237,114, interest interest of KRW 16,170,247, and the cost of KRW 561,062 and KRW 46,968,423.

[Ground of recognition] Unsatisfy, each entry (including a serial number) in Gap1 through 7, the purport of the whole pleadings

2. According to the facts established above, the Defendants are jointly and severally liable to the Plaintiff, and Defendant B and Defendant A are jointly and severally liable to pay to the Plaintiff the agreed interest rate of 25% per annum from February 13, 2015 to the date of full payment, with respect to the remaining principal and interest of KRW 46,968,423, and the remaining principal and interest of KRW 30,237,114, which are the following day of the calculation base date, within the limit of KRW 84.5 million.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.

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