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(영문) 서울중앙지방법원 2017.11.15 2016가단144834
대여금
Text

1. The defendants shall be jointly and severally liable to the plaintiff for 1,780,340,128 won and 954,052,489 won among them.

Reasons

Basic Facts

C A limited liability company’s Hyundai Ssp-2 Savings Bank (the name was changed to the Esp-2 Savings Bank, and was merged to the Plaintiff on October 31, 2014; hereinafter “Plaintiff”) loaned KRW 4 billion to the C limited liability company (hereinafter “C”) on July 23, 2007, and the Defendants and D jointly and severally guaranteed the loan.

(hereinafter “C’s loan”). A loan extended on July 23, 2008, and the Defendants and E became joint and several sureties, and D created a pledge on the term deposit claim amounting to KRW 1,940,000,000 as of December 8, 2008, by setting the period of security until December 25, 2008.

On September 30, 2008, Defendant A subrogated for the interest and overdue interest of KRW 51,193,454 among the loan obligations of Defendant A. On July 23, 2009, the Defendants subrogated for the interest and interest of the above loan obligations of KRW 3,629,656,108, KRW 1/2 of the above loan obligations of KRW 1,814,828,054.

On July 23, 2009, Defendant B, including B, obtained a loan of KRW 1,310,000,000 from the Plaintiff on the same day (hereinafter “B’s loan”), and Defendant A, E, and C jointly and severally guaranteed the above loan obligations.

B Loans have been extended five times thereafter, and have been extended five times thereafter.

the loan under subsection (1) has been fully repaid.

On March 14, 2011, the Plaintiff, including F, loaned KRW 1,310,00,000 to F Co., Ltd. (hereinafter “F”), respectively, at the rate of 12% per annum and 24% per annum on September 14, 2011. The Defendants jointly and severally guaranteed each KRW 1,703,000,000 within the limit of KRW 1,703,000 per annum, and G became a surety.

(hereinafter “instant loan”). The instant loan continues to be due and extended after the due date for payment, thereby resulting in F’s delay in paying interest, thereby losing its profit on April 17, 2013. As of July 14, 2016, the total amount of the principal and interest of the instant loan is KRW 1,780,340,128, and the principal of the loan is KRW 954,052,489.

[Reasons for Recognition] There is no dispute, including Gap evidence Nos. 1 through 7, below.

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