beta
Text
1. The part against the plaintiffs in the judgment of the court of first instance shall be revoked.
2. Attached Form A between the Plaintiff Company A and the Defendant.
Reasons
1. The Plaintiffs sought confirmation of the existence of all or part of the obligation under each loan agreement listed in the separate sheet Nos. 1 through 5 in the first instance court (hereinafter “instant loan agreement”). The first instance court accepted the claim for the obligation under the instant loan No. 1 and 3 loans and dismissed the remainder of the claim.
In this regard, since only the plaintiffs appealed on the part against them, the scope of the judgment of this court is limited to the claim for loans under the loan contract of this case 2, 4, and 5.
2. Basic facts
A. Plaintiff B is the representative director of Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)
B. On January 3, 2007, Plaintiff B obtained a loan by designating 95 million won as interest rate of 10% per annum and due date of payment on January 3, 2008 from Plaintiff C Co., Ltd. (hereinafter “Nonindicted Bank”).
(hereinafter “Loan”). There is no dispute between the parties as to the authenticity of the above loan agreement and the existence of the obligation.
C. As to the instant loan contract between the Plaintiff Company and the Defendant, the following criminal facts were convicted in the criminal trial on the Chairperson D, Representative Director E, Executive Director F, etc. of the Nonparty Bank.
Seoul Central District Court Decision 201Da1312, 1401, 1401, 1487, 157, 2012Gohap34, 110, 357, 412,886 (Joint) decided October 12, 2012; Seoul High Court Decision 2012No3666 decided May 16, 2013; Supreme Court Decision 2013Do6826 decided October 17, 2013; D, E, and F conspired with intent to obstruct the affairs of the bank from January 22, 2008 to September 9, 201 by stealing the name of the Plaintiff company through G and H, an employee of the bank; and 3710 million won loan No. 37158 decided December 31, 2009; and 4170 billion won loan; and 371.5 billion won loan No. 4157, Jan. 27, 201113