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(영문) 인천지방법원부천지원 2015.12.24 2015가단13692
대여금
Text

1. The Defendants jointly and severally pay 634,669,800 won to the Plaintiff.

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

3...

Reasons

1. Basic facts

A. On September 20, 2006, the Plaintiff (former Mutual Savings Bank) lent KRW 1,50,000,000 to D Co., Ltd. (hereinafter “Nonindicted Company”) around October 31, 2009, respectively, and concluded a comprehensive guarantee agreement within the limit of KRW 95,00,000 on or around October 31, 2009, on or around October 30, 2009 with the period of repayment of KRW 1,595,00,000 on October 30, 209, the Plaintiff (former Mutual Savings Bank) changed the said loan agreement to lend KRW 1,595,00 per annum to Nonparty Company on or around October 30, 209 (hereinafter “instant loan agreement”). On the same day, each agreement between the Defendants and the Defendants on the said company’ obligations as a joint and several surety guarantee agreement within the limit of KRW 23,00,000.

(hereinafter referred to as the “instant collateral guarantee agreement”). B.

On September 20, 2006, the non-party company and the defendant A completed the registration of transfer of ownership based on the trust name of the K non-real estate trust company (hereinafter “K non-real estate trust”) with respect to land and building on ten parcels, including land and building on ten parcels (hereinafter “instant real estate”).

C. The non-party company and the Defendants lost the interest of the instant loan due to the non-party company’s failure to pay the interest of the instant loan, and at the Plaintiff’s request, K non-real estate trust proceeds with a public auction procedure on the instant real estate. On December 16, 2011, as a result of the six times’s failure, the company concluded a negotiated contract with Spool Mutual Savings Bank, a principal loan bank, and the sales amount at KRW 11,826,44,757.

On February 17, 2012, the Savings Bank paid the purchase-price to the K non-real estate trust, and the Plaintiff received KRW 1,601,964,688 as the settlement amount of the instant loan on the same day.

E. The Plaintiff received the foregoing money and appropriated the principal of the instant loan amounting to KRW 1,595,00,000 for the repayment of interest, and as of December 24, 2014, the Plaintiff’s non-party company and the Defendants’ non-payment amounting to KRW 106,79,927, late 12,226,038, late 515,643,835, totaling KRW 634,69,80.

[Reasons for Recognition]

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