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(영문) 서울중앙지방법원 2015.11.18 2014가단5328992
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On July 24, 2006, the Plaintiff, a trustee in bankruptcy of the Japanese Savings Bank Co., Ltd. (hereinafter “Japan Savings Bank”), (i) on the loan of KRW 5 billion to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) at an annual interest rate of KRW 11% per annum, delayed interest rate of KRW 25% per annum, repayment date of KRW 20% per annum, and January 24, 2007 (hereinafter “instant loan 1”), and thereafter, the repayment date has been extended several times, and the repayment date has been extended later, and the repayment date has been extended on August 24, 201. ② On March 31, 2011, the Japanese Bank loaned KRW 1.8 billion per annum to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) at an annual interest rate of KRW 10%, annual interest rate of KRW 25%, and repayment date of KRW 31, 2012, asserting that some of the Defendant Co., Ltd. (hereinafter “Defendant Co.”).

B. In addition, the Plaintiff: (a) the agreement and joint and several surety agreement of this case are so-called borrowed loan that the Defendant Company only lent the name of the borrower to the actual borrower; and (b) the agreement constitutes a false declaration of intent made by the Defendant and the Japanese bank constitutes a false declaration of intent; and (c) the Defendants asserted that the said declaration of intent cannot be asserted against the Plaintiff as a bona fide third party; and (d) the Defendants filed a lawsuit of this case against the Defendants for a partial repayment

2. There is no dispute between the parties that the defendants' seal imprinted after the name of the defendant company and the name of the defendant B as stated in Gap evidence Nos. 2 (a loan agreement of this case), Gap 3 (joint guarantee), Gap 4-1 to 4 (application for extension of the due date of loans of this case), and Gap 5 (the second loan agreement of this case), since the defendants' seal imprinted after the name of the defendant company was affixed with the seals of the defendants, each of the above documents of this case (hereinafter "each of the loan documents of this case").

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