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(영문) 수원지방법원성남지원 2013.10.25 2012가합200314
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 2,612,758,609 and KRW 2,336,764,336 among them.

Reasons

1. Basic facts

A. On May 28, 2009, the Komato Savings Bank Co., Ltd. (hereinafter “toma Savings Bank”) concluded a credit transaction agreement (hereinafter “instant agreement”) with Defendant A, setting the credit limit of KRW 2.3 billion per annum, interest rate of KRW 12 billion per annum, interest rate of KRW 25 billion per annum, and interest rate of delay damages, and credit period from May 28, 2009 to May 28, 2010.

(Then, the credit period of the instant credit transaction agreement was extended to May 28, 2012). (B)

Defendant B, Defendant C, Defendant D, and E entered into a comprehensive collateral guarantee contract (hereinafter referred to as the “instant comprehensive collateral guarantee contract”) with the Korea Federation on the same day to guarantee the present and future credit transaction obligations owed by Defendant A to the Korea Exchange on the same day within the limit of KRW 3.45 billion.5 billion.

C. As of February 24, 2012, Defendant A’s loan obligations owed to the Komato Savings Bank in accordance with the instant credit transaction agreement reached KRW 2,612,758,609, totaling the principal amount of KRW 2,336,764,36, overdue interest of KRW 275,94,273, and KRW 2,612,758,609.

On the other hand, on August 31, 2012, after the filing of the instant lawsuit, the Komato Savings Bank was declared bankrupt on August 31, 2012 by Suwon District Court 201Hahap23, and the Plaintiff was appointed as the trustee in bankruptcy of the Komato Savings Bank on the same day and taken over the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum, which is the damages for delay, as stipulated in the credit transaction agreement of this case, from February 25, 2012 to the date of full payment, with respect to the above principal and interest of the loan of KRW 2,612,758,609 and the principal of KRW 2,336,764,336 among them.

3. Determination as to the defendants' defense

A. The Defendants’ determination of the false labelling defenses shall be required by the Mapo Savings Bank.

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