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(영문) 대전지방법원 2015.09.03 2015가단950
대여금
Text

1. The Defendants jointly pay KRW 1,820,000,000.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Korea Mutual Savings Bank Co., Ltd. (hereinafter “Korea Mutual Savings Bank”) entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) on March 31, 2010, setting the guarantee limit as KRW 1,820,000,000 per annum and KRW 23% per annum, and the Defendants jointly and severally agreed on the instant credit transaction agreement with Korea Mutual Savings Bank (hereinafter “the instant credit transaction agreement”) with the Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) on March 31, 2010.

B. On March 31, 2010, Korea Savings Bank loaned KRW 1,400,000 to the non-party company in accordance with the instant credit transaction agreement. The non-party company did not repay the above loan by the expiration date of the credit transaction, and the remaining principal and interest of the non-party company under the instant credit transaction agreement is KRW 2,630,904,851 as of September 18, 2014.

C. On February 28, 2013, the Korea Savings Bank was declared bankrupt by Daejeon District Court 2013Hahap2, and the Plaintiff was appointed as the trustee in bankruptcy of the Korea Savings Bank on the same day.

[Ground of recognition] Defendant B: The fact that there is no dispute between Defendant A and Defendant A by service by public notice (Article 208(3)3 of the Civil Procedure Act), each entry in the evidence A1 through 9 (including the number of pages), and the purport of the whole pleadings

2. According to the above facts of recognition, the defendants jointly have the duty to jointly return to the plaintiff KRW 1,820,00,000, the respective guarantee limit of the non-party company's loan amount of KRW 2,630,904,851 of the balance of the loan principal and interest of the non-party company under the credit transaction agreement of this case

Although the grounds for filing an objection by Defendant A cannot be known, even if the credit transaction agreement of this case or each of the above guarantees are null and void by false representation of agreement, such legal acts.

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