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(영문) 서울중앙지방법원 2017.02.07 2015가단5325808
대여금
Text

1. The Defendants jointly and severally pay KRW 753,060,695 to the Plaintiff.

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

3...

Reasons

1. Facts of recognition;

A. On May 17, 2011, the Future Savings Bank Co., Ltd. (the Plaintiff was appointed as a trustee in bankruptcy after its bankruptcy) concluded a credit transaction agreement with a limited liability company C (hereinafter “non-party company”) as follows (hereinafter “the instant credit transaction agreement”). Accordingly, on the same day, it lent KRW 900,000 to the non-party company on the same day.

On May 17, 201, 201, the date of expiration of the credit extension term on May 17, 201, the maximum of 21.9% interest rate per annum 33.9% interest per annum until the expiration of the credit term on February 11, 201, and the method of calculating damages for delay shall be calculated on a daily basis, counting as 365 days.

The interest rate on delay shall be calculated by adding the interest rate on delay by the agreed interest rate on delay, but the interest rate on delay by the overdue period shall be applied according to the overdue period.

If the amount of overdue interest is less than three months (5) per annum but less than six months (10%) per annum, the interest rate on overdue interest added by 12) per annum shall not apply separately according to the period of overdue interest, and shall apply to the total period of overdue interest calculated from the date of overdue interest, calculated respectively, from the date of overdue interest; and even if the amount of overdue interest remains due to partial adjustment of the overdue loan, it shall apply to the total period of overdue interest calculated from the date of initial overdue interest.

B. At the time, Defendant A and Defendant B had a representative director of the non-party company at the time guaranteed the obligations under the above credit transaction agreement of the non-party company to the future savings bank on the same day within the limit of KRW 1,170,000,000, respectively.

C. On the other hand, the non-party company is 6th floor of D&D reinforced concrete and flat slive roof, owned by it, for the purpose of securing 2.6 billion won of its debt borrowed from its future savings bank including the debt under the instant credit transaction agreement, in addition to the defendants' joint guarantee on the same day.

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