logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2017.08.16 2016가단205266
대여금
Text

1. Defendant A Co., Ltd and Defendant C jointly and severally with the Plaintiff KRW 2,000,000,000 and KRW 1,000,000 among them.

Reasons

1. Facts of recognition;

A. On August 31, 2012, the Korea Deposit Insurance Corporation established under the Mutual Savings Banks Act and was declared bankrupt by the Suwon District Court, and was appointed as the trustee in bankruptcy on the same day by the Korea Deposit Insurance Corporation.

B. The Plaintiff’s loan claims against the Defendants 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

A) On March 22, 2007, the Komato Savings Bank entered into a credit transaction agreement with the bank with a comprehensive passbook loan for the subject of credit, the credit amount of KRW 4,000,000,000 per annum, the agreed rate of KRW 7% per annum, and the overdue damages rate of KRW 25% per annum, and lend the said money (hereinafter “comprehensive passbook loan”).

On March 209, Defendant B was jointly and severally and severally guaranteed the above loan. 2) On June 24, 2009, the Defendant Company concluded a credit transaction agreement with the Homato Savings Bank and with a general loan of loans, loans of KRW 1,000,000,000 per annum, agreement rate of KRW 7% per annum, and damages for delay rate of KRW 25% per annum, and the Defendant B was jointly and severally guaranteed the above loan up to KRW 1,50,000,000 per annum.

3) Defendant C jointly and severally guaranteed each of the above loans to the extent of KRW 15,00,000,000, jointly and severally with Defendant C. 4) The comprehensive passbook loan was lost on October 4, 201, and the general loan was lost on September 26, 201. The details of each of the loans as of February 16, 201 are as follows.

B C [Ground for Recognition] Facts without dispute, and each entry in Gap evidence Nos. 1-1-16 of the evidence No. 8 (the defendant alleged that it was a forged document with respect to Gap evidence No. 8, but it is insufficient to recognize it only with the entries in Gap evidence Nos. 1-6, and there is no other evidence to acknowledge it, the above assertion is without merit) and the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of the claim, unless there are special circumstances, the Defendants shall seek from the Plaintiff, as follows.

arrow