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(영문) 서울중앙지방법원 2015.03.17 2014가단243966
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 334,66,140 among the Plaintiff and KRW 111,170,140 among the Plaintiff, the interest rate of KRW 334,66,140 from June 18, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 19, 2008, the Future Savings Bank Co., Ltd. (hereinafter referred to as the “Inbound Bank”) set the amount of KRW 450 million in KRW 450,000,000,000 on the Traxex, Inc., Ltd. (hereinafter referred to as “Intexex”) changed into Boxex on January 19, 201, and lent the amount at 30% per annum on December 6, 2010, the expiration date of the extension period, the interest rate of KRW 18.25% per annum, and the compensation rate for delay.

B. Defendant, B, etc. jointly and severally guaranteed the above loan obligations of Boxex on the same day.

C. On April 30, 2013, Nonparty Bank was declared bankrupt by Seoul Central District Court No. 2013Hahap54, and the Plaintiff was appointed as the trustee in bankruptcy of Nonparty Bank.

The balance of the loan obligation as of June 17, 2014 is 334,66,140 won in total, including the principal amount of KRW 111,170,140 and interest and liquidated damages of KRW 223,496,00.

[Ground of recognition] Evidence Nos. 1 and 2, and the purport of the whole pleading

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed interest of KRW 334,66,140 as well as the principal of KRW 111,170,140 as well as the agreed damages for delay calculated at the rate of 30% per annum from June 18, 2014 to the date of full payment.

B. As to the defendant's assertion, the defendant asserts that since the representative director B was declared bankrupt and exempted from immunity, the defendant's liability for the above loans is also exempted.

The facts confirmed on September 25, 2010 by the Cheongju District Court 2009Hadan855, 2009Hau, 8555, which became final and conclusive on September 25, 201 is no dispute between the parties.

However, the defendant's assertion is without merit, since B was exempted from liability for the guaranteed debt borne by the defendant company upon the above immunity, and it is not exempt from liability for the guaranteed debt borne by the defendant company, and the effect of B's declaration of bankruptcy and immunity on the ground that B is the defendant's representative director shall not affect the defendant who is a corporation.

3. Conclusion.

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