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(영문) 서울중앙지방법원 2016.12.22 2016가합948
양수금
Text

1. The Defendants jointly and severally do not exceed KRW 3,957,321, within the scope of KRW 3,000,000 for Defendant B, C, D, and E, and KRW 3,957.

Reasons

Facts of recognition

On May 12, 2004, Daejeon Mutual Savings Bank (hereinafter “ Daejeon Mutual Savings Bank”) entered into a credit transaction agreement with Defendant A limited liability company (hereinafter “Defendant A”), whereby “the amount of general loan, limit of credit KRW 2 billion, interest rate of KRW 10 billion per annum, interest rate of KRW 21% per annum, and delay damages rate of KRW 21% per annum” (hereinafter “instant agreement”). On May 13, 2004, Defendant A lent KRW 2 billion to Defendant A (hereinafter “instant loan”).

Defendant D, Defendant B, the representative director of Defendant A (hereinafter “Defendant B”), and Defendant E, the representative director thereof, were jointly and severally guaranteed on May 12, 2004; Defendant C, each of Defendant A’s Daejeon Mutual Savings Bank on June 14, 2004, up to three billion won.

Daejeon Mutual Savings Bank transferred the instant agreement to the Plaintiff according to the disposition of the Financial Services Commission’s transfer of contracts on September 5, 201, and publicly announced on September 6, 2011.

On the other hand, as of August 6, 2015, Defendant A’s interest on the instant loan amounted to KRW 3,957,321,352 in total (i.e., the principal of the instant loan amounting to KRW 1,578,226,81, which was the acquisition date of the instant loan amounting to KRW 2,379,094,471 from September 5, 201 to the said date).

[Ground of recognition] Defendant A, B, and D: (a) the fact that there is no dispute over Defendant C, and E; (b) the fact that there is a claim for the entire purport of the pleadings; and (c) the aforementioned fact that there is a claim for the purport of the entire pleadings, the Defendants are jointly and severally liable to the Plaintiff in accordance with the agreement of this case; and (d) the remainder Defendants except Defendant A are jointly and severally liable to pay damages for delay calculated at the rate of 21% per annum from September 5, 2011 to September 5, 2011, to the extent of KRW 3 billion, the total amount of interest and interest on the loan of this case is KRW 3,957,321,352 (= interest and interest on KRW 1,578,226,81, KRW 2,379,094,471) and the leased principal, KRW 1,578,26,81.

As to this, the defendant.

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