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(영문) 서울중앙지방법원 2016.11.25 2015가단5218986
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 2,023,287,671 as well as KRW 1,000,000 among them, from March 24, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On May 17, 2005, the Solomon Savings Bank (formerly changed: Solomon Savings Bank; hereinafter “ Solomon Savings Bank”) concluded a credit transaction agreement with 8,000,000 won (8 billion won) for the credit limit, November 17, 2005 for the expiration date of the credit, 10% per annum, 25% per annum (hereinafter “the instant credit transaction agreement”) and 8,000,000,000 won in B, and 25% per annum.

[hereinafter] The loan of this case (hereinafter "the loan of this case"). B

On May 17, 2005, the Defendant entered into a comprehensive collateral guarantee agreement with Solomon Savings Bank with the guarantee limit of 11,200,000,000 won (11.2 billion won) to the joint and several guarantee obligation of B, and at the time, the Defendant approved that each of the terms and conditions of the credit transaction agreement of Solomon Savings Bank and the transaction agreement on the above guaranteed obligation, which the obligor (B) separately submitted to Solomon Savings Bank, are applicable to the fulfillment of the guaranteed obligation.

(hereinafter referred to as the “instant collateral guarantee agreement”). C.

The credit transaction agreement of this case was extended or changed several times as follows.

① Extension of the time limit by November 17, 2005: by November 17, 2006 until November 17, 2006: 2) Extension of the time limit by November 17, 2006: by November 17, 2007; ③ Extension of the time limit by November 17, 2007: until August 17, 2008; ④ Extension of the time limit by August 17, 2008 through August 17, 2008: Extension of the time limit by August 17, 2008; raising the time limit by 10.5% until February 17, 2009; ⑤ Extension of the time limit by December 17, 2009; reduction of the application rate by 6.5% until February 17, 2010; ② Extension of the time limit by the Defendant’s signature and seal by each of the above time limit by November 17, 2010; ② Extension of the time limit by the Defendant’s joint surety.

On April 30, 2013, Solomon Savings Bank was declared bankrupt by this Court (2013Hahap46), and the plaintiff was appointed as bankruptcy trustee.

E. The balance of the instant loan is KRW 8,000,000 for principal as of March 23, 2015, and KRW 9,618,03,339 for interest (and interest interest) as of March 23, 2015, and KRW 17,618,03,339 for total.

[Reasons for Recognition]

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