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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,600,000,00 and the interest rate from January 3, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The Busan Two Savings Bank Co., Ltd. (hereinafter “SB”) entered into a credit transaction agreement with the Defendant A Co., Ltd. (hereinafter “Defendant A”), and paid each of the loans to Defendant A according to the said agreement.
(hereinafter “each of the instant credit transaction agreements”). The interest rate on loans with maturity maturity on March 30, 2012, 11% per annum 21% per annum on March 30, 2012, 2012, 21% per annum on April 30, 2015, 31% per annum on April 280, 2015, 31% per annum on June 25, 2010, 41% per annum on June 25, 2015, 41% per annum 41% per annum on December 30, 2015.
B. Defendant B was appointed as a joint representative director of Defendant A on November 2, 2009, and retired on March 28, 2011.
C. On December 30, 2010, Defendant B entered into a contract for collateral guarantee with the Non-Party Bank by setting the maximum guarantee limit at 31 billion won for all obligations arising from credit transactions currently and in the future owed by Defendant A to the Non-Party Bank.
(hereinafter “instant neighborhood guarantee contract”). D.
피고 주식회사 햄튼레져(이하 ‘햄튼레져’라 한다)는 2010. 12.경 소외 은행과 사이에 피고 A가 소외 은행에 대하여 현재 및 장래에 부담하는 여신거래로 말미암은 모든 채무에 대하여 근보증한도액을 310억 원으로 정하여 근보증계약을 체결하였다.
E. Among loan claims under each credit transaction agreement of this case, the maturity comes due on the credit transaction agreement of March 30, 2009, and Defendant A’s remaining credit transaction claims based on the credit transaction agreement were in arrears and lost the benefit of time as of the closing date of the argument in this case.
F. On April 29, 2011, Nonparty Bank was subject to a disposition of business suspension under the Act on the Structural Improvement of the Financial Industry, and was declared bankrupt on March 7, 2012 by Busan District Court 2012Hahap1, and the Plaintiff was appointed as bankruptcy trustee.
[Grounds for recognition] Defendant A, A.