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(영문) 서울중앙지방법원 2015.04.24 2014가합564028
대여금
Text

1. The Plaintiff:

A. Defendant A, B, C, and D are jointly and severally liable for KRW 843,034,422 and KRW 392,509,223 among them.

Reasons

1. Basic facts

A. On December 22, 2010, Defendant A entered into a credit transaction agreement with the Korea Savings Bank (a company engaged in financial business, etc. under the Mutual Savings Banks Act, which was declared bankrupt by the Seoul Central District Court 201Hahap96 on September 7, 2012 and the Plaintiff was appointed as a trustee in bankruptcy on the same day; hereinafter “Korea Savings Bank”) whereby the credit amount is 670,000,000 won, the expiration date of the credit period is 11% per annum and 25% per annum (hereinafter “instant credit transaction agreement”).

B. At the time of the conclusion of the instant credit transaction agreement, Defendant B, C, and D (the Defendant Company A is in the relationship of fraud, spouse, and child) concluded a joint and several guarantee agreement with the Defendant under the credit transaction agreement with the Japanese Savings Bank with the limit of KRW 938,00,000.

C. At the time of the conclusion of the instant credit transaction agreement, Defendant E’s limit is KRW 938,00,000,000 as to the remainder of the Defendants, and the Defendant E’s joint and several surety’s credit guarantee certificate No. 1 stating the purport of the joint and several surety against Defendant A, the debtor.

5. However, the column for the approval of the Japanese Savings Bank and the column for the approval of the counselor was official, and the special agreement under Article 2 (a guarantee obligation under this Guarantee Agreement is separate from the warranty liability of the collateral provided by the principal) is also the signature of the guarantor separately prepared on the right side.

hereinafter referred to as “instant guarantee agreement”

Around June 2005, Defendant E prepared and submitted it to the Japanese Savings Bank. On the other hand, Defendant E’s real estate in Incheon F’s territory (hereinafter “instant real estate”) jointly owned with Defendant B and C at the time for the purpose of securing the obligation owed by Defendant A to the Japanese Savings Bank.

As to the maximum debt amount of KRW 840,000,000 (hereinafter “instant mortgage”) with respect to the right to collateral security (hereinafter “instant maximum debt amount”).

b) have set up and set up this chapter.

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