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(영문) 서울중앙지방법원 2016.09.21 2016가단4066
대여금
Text

1.(a)

Defendant A Co., Ltd. shall pay to the Plaintiff KRW 507,687,837 and KRW 240 million among them from June 23, 2015.

Reasons

1) Determination on the cause of the claim shall be made on the grounds of the claim by Samsung Mutual Savings Bank Co., Ltd.

Defendant A Co., Ltd. (hereinafter “Defendant A”) on December 30, 2009.

(B) The maximum amount of KRW 240 million was extended to the Defendant, and the maturity date was March 30, 2010 (which changed to January 31, 201), the interest rate was 12% per annum, and the rate of delay interest was 24% per annum (hereinafter referred to as “the first loan”).

(3) Defendant B (hereinafter “Defendant2”)

(2) On May 31, 2010, 201, 300,000 won was guaranteed by the guarantee of KRW 312,00,00,000, the first loan obligation of this case was jointly and severally guaranteed. (3) The Exchange Savings Bank extended a limit of KRW 100,000 to Defendant 1. The maturity date was January 31, 201, the interest rate was 10% per annum, and the delay interest rate was 22% per annum.

(B) Defendant 2 and Defendant C Co., Ltd. (hereinafter “Defendant 3”) guaranteed KRW 130 million, with the guarantee of each of the instant loans from the following: (a) “the instant loans” and “the instant loans.” (b) Defendant 2 and Defendant C Co., Ltd. (hereinafter “Defendant 3”) jointly and severally guaranteed the instant loans.

3) As of June 22, 2015, the loan agreement and the letter of collateral guarantee of each of the instant loans were Defendant 1’s representative director, and Defendant 2 signed and sealed Defendant 3’s representative director respectively. (4) As of June 22, 2015, the remainder of the instant loan 1 loans is KRW 240 million for the principal and overdue interest, KRW 267,687,839 for the remainder of the instant loan 2 loans. The remainder of the instant loan 2 loans is KRW 100 million for the principal and overdue interest, and KRW 102,069,149 for overdue interest.

5) The Samwon Savings Bank was declared bankrupt on June 24, 201, and the Plaintiff was appointed as the bankruptcy trustee (Seoul Central District Court 201Hahap72). [Unless there are special circumstances, Defendant 1 is 24% per annum from June 23, 2015, which is the day following the period for calculating interest for delay, as to the Plaintiff’s total sum of the principal and interest of the first loan, KRW 507,687,837, and the principal amount of KRW 240 million from June 23, 2015 to the day of full payment, unless there are special circumstances following the fact that there is no dispute over the grounds for recognition, and the purport of the entire pleadings.

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