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(영문) 서울중앙지방법원 2016.07.01 2015나52601
대여금
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The instant loan agreement and joint and several sureties 1) Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”).

A Co., Ltd. (hereinafter referred to as “A”) on June 26, 2009

(i) 4,00,000 won per annum, 11% per annum, 23% per annum on a maximum interest rate for delay (Provided, That the above interest rate and interest rate for delay will be in accordance with the interest rate determined by the Seoul Mutual Savings Bank), and on December 26, 2010 due date for repayment (hereinafter referred to as the “instant loan agreement”).

(2) On June 29, 2009, the Defendants jointly and severally guaranteed the above loan obligations to the Seoul Mutual Savings Bank, together with G and C on June 29, 2009.

In addition, the Defendants, together with G, C, and A on the same day, jointly issued promissory notes with the face value of 4 billion won in the future of Seoul Mutual Savings Bank, and the issue date of the promissory notes on June 29, 2009, and with respect to the said promissory notes, a notary public made out and issued a deed of promissory notes with the law firm merchant merchant.

3) In addition, on June 25, 2009, prior to the date of the instant loan agreement, A shall jointly collateral security (hereinafter “instant collateral security”) with respect to the obligor (registration as E, the trade name prior to the change), mortgagee Seoul Mutual Savings Bank, the maximum debt amount of 5,200,000,000 square meters with respect to the amount of 653 square meters and the amount of 653 square meters in G owned by H, in order to secure the debt of the instant loan.

(4) At the time of the instant loan agreement, Seoul Mutual Savings Bank, A, and the Defendants concluded a special agreement that the obligor of the instant loan agreement shall pay in advance the interest for nine months on the instant loan and pay the handling fees calculated at the rate of two percent to the said bank.

Accordingly, Seoul Mutual Savings Bank operated a loan of KRW 4,00,000,000 each year in the instant loan agreement, and deposited KRW 3,919,650,000 remaining after deducting KRW 350,000,000 from the above loan, and deposited KRW 3,919,650,000 in the account of A, and the above deposited money is 60,368.

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