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(영문) 서울중앙지방법원 2015.08.25 2014가단251264
대여금등
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 192,01,963 and KRW 166,281,809 among them.

Reasons

1. On October 19, 2009, C Co., Ltd. (hereinafter “C”) entered into a credit transaction agreement with Defendant A on the condition of a comprehensive passbook loan, credit amount of KRW 500 million, expiration date of the loan period under the condition of KRW 8% per annum (annual interest rate of KRW 25% per annum), maximum guarantee amount of KRW 600 million, and Defendant B gave a loan to Defendant A. Defendant B jointly and severally guaranteed the loan. New Savings Bank (hereinafter “New Savings Bank”) acquired all contractual status related to the above credit transaction agreement and guarantee agreement, as a result of the decision of the Financial Services Commission pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry on January 2, 2012, and the aforementioned decision on the transfer of contracts was made by the Financial Services Commission. The aforementioned decision on the transfer of contracts by the new Savings Bank is either publicly announced by the Financial Services Commission on January 3, 2012 by the Plaintiff Co., Ltd. (hereinafter “former Savings Bank”) to recognize the total obligation of KRW 16308.2,215.

Therefore, the defendants are jointly and severally liable to pay the amount stated in Paragraph 1 of this Article to the plaintiff.

2. Judgment on the defendants' assertion

A. The Defendants’ assertion that D, a major shareholder and the president of C, had been the outside director of C’s affiliate at the time, provided loans under the name of Defendant A to the effect that D gave economic assistance to Defendant B who was an outside director of C’s affiliate at the time, and purchased real estate at Sungnam city as part of them, and the remainder was entrusted and operated through a securities company, which is the subsidiary of C, with the securities transaction fund through the securities company. Thus, the actual principal debtor is merely a person who lent his name as Defendant B, and thus, C and the instant loan agreement between the Defendant is invalid.

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