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(영문) 서울중앙지방법원 2020.09.28 2016가단5309254
이자금
Text

The Plaintiff

(a) Defendant B, C, D, E, F, and G jointly and severally KRW 200,00,000;

B. Defendant H and I are deceased.

Reasons

1. Facts of recognition;

A. The party status 1) Defendant B Co., Ltd. (hereinafter “Defendant B”)

) The Seo-gu, Seo-gu, Gwangju (hereinafter “instant site”) is 13,071 square meters.

) A project to construct and sell multi-family housing (hereinafter “instant project”)

L Co., Ltd. (hereinafter referred to as “L”) is an executor.

(2) Defendant C is the representative director of Defendant B, Defendant F is the representative director of Defendant D and E, Defendant D is the father and the representative director of L, Defendant D is a director in-house, and Defendant E is a director in-house, and Defendant E is a director in-house.

Defendant H and I are the successors of the deceased J.

3) A Co., Ltd. (formerly, M&N Co., Ltd.)

hereinafter referred to as “A”

(B) On June 15, 2015, the Plaintiff was declared bankrupt by the Gwangju District Court 2015Hau5003, and the Plaintiff was appointed as a trustee in bankruptcy. (b) The project financing for Defendant B was conducted with respect to Defendant B.

1) On April 27, 2007, Defendant C et al. (hereinafter “instant loan agreement”) and Defendant C et al. (hereinafter “instant loan agreement”), one of eight O banks that provided a PF loan to the instant project. On April 27, 2007, Defendant B entered into an agreement on credit transaction with Defendant B on October 27, 2007, setting the maturity period of payment at 10% per annum, at 22% per annum, and at 2,00,000,000 won per annum (hereinafter “instant loan agreement”). After several times, the said loan agreement was amended on May 27, 2009 on the grounds of “the extension of maturity period and the change of conditions pursuant to the Work Agreement” and “13% per annum on May 27, 2009” to “the period of payment period and the agreement was amended to “13% per annum on December 31, 2009”.

2) L jointly and severally guaranteed the Defendant B’s loan obligation under the instant loan agreement. Defendant C jointly and severally guaranteed the Defendant B’s loan obligation by concluding a contract for collateral guarantee with the said bank within the limit of KRW 3,000,000,000,000, respectively, on April 27, 2007; Defendant D, E, and F, January 27, 2008; and Defendant G entered into a contract for collateral guarantee with the said bank respectively, with the limit of KRW 3,00,000,000,000 on November 27, 2008. The final modification agreement was concluded as seen above 1).

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