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(영문) 서울중앙지방법원 2016.08.30 2015가단5306142
대여금
Text

1. The Defendants jointly and severally pay KRW 1,097,222,727 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Loans of 2,00,000,000 general loans of 12% per annum on March 31, 2010, general loans of 2,000,000 interest rates for the first day of the extension of credit in the credit items;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a loan transaction agreement with an promotion savings bank (hereinafter “promotion savings bank”) and received a loan, with the following terms and conditions as follows:

(hereinafter “instant loan”). Defendant B and C provided comprehensive collateral guarantee to Defendant Company’s liabilities for loans to the Promotion Mutual Savings Bank to the extent of KRW 2.8 billion.

B. On September 30, 201, Defendant Company lost the benefit of time due to the failure to pay the principal of the instant loan and interest in arrears thereof at the due date.

At present, the principal of the above loan is fully repaid and interest in 1,097,222,727 is remaining.

C. On November 16, 2012, the Financial Services Commission rendered a decision to transfer a contract to a financial institution that transfers an promoted mutual savings bank under Article 14(2) of the Act on the Structural Improvement of the Financial Industry, and made a decision to transfer a contract to a financial institution that is transferred a contract to the Plaintiff (title was a stock company and a special savings bank).

[Ground of recognition] Defendant A and B: Defendant C: Evidence Nos. 1 through 9, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the remaining interest of KRW 1,097,222,727 of the principal and interest of the instant loan.

3. Determination as to Defendant B’s assertion

A. The summary of the assertion was that the Defendant Company lost the benefit of time on September 30, 201, and thereby, the settlement term for Defendant B’s collateral obligation became final and conclusive.

After that, the Defendant Company, as the principal obligor, repaid the Plaintiff the total amount of KRW 3,534,300,401.

Therefore, after the settlement of accounts for Defendant B’s continuing guarantee obligation, at least KRW 2.8 billion, is over the guarantee limit of Defendant B.

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