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(영문) 광주지방법원 2018.06.28 2017나3440
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

The plaintiff's claim against the defendant.

Reasons

1. Facts of recognition;

A. On December 1, 1994, on the day before a limited partnership company, a mutual savings and finance company was changed to a limited partnership company Sungam Mutual Savings and Finance Company, and it was merged with the Mineyang Mutual Savings and Finance Company on June 16, 1997.

In addition, on April 25, 1997, the Mineyang Mutual Savings Bank Co., Ltd. changed its trade name to the Korea Mutual Savings Bank Co., Ltd. and on March 16, 1998, it changed its trade name to the Sungsan Mutual Savings Bank Co., Ltd. on February 26, 2002.

(hereinafter referred to as the “Korea Mutual Savings Bank”). (b) The Korea Mutual Savings Bank shall not distinguish between the change and the merger.

(1) A entered into a credit transaction agreement with the Korea Development Bank on June 29, 1996, setting the loan amount of KRW 81,00,000, maturity rate of KRW 16.5% per annum, interest rate of KRW 20% per annum, and interest rate of delay delay rate of KRW 20% per annum (hereinafter “first loan”), and entered into a credit transaction agreement with the Korea Development Bank on June 29, 199, setting the repayment period of KRW 50,00,000 on the same day, the repayment period of KRW 50,000, June 29, 2001, the agreement rate of KRW 16.5% per annum, and interest rate of delay rate of KRW 20 per annum.

(2) On July 30, 1996, the Defendant signed and sealed A’s letter of loan for consumption with respect to the loan Nos. 1 and 2 as joint and several sureties, and prepared a notarial deed stating that the joint and several sureties is jointly and severally guaranteed for the loan No. 2. 30, 1996.

(3) As of August 19, 2004, A’s balance of the first loan of this case remains 43,703,415 won, and the second loan balance remains 16,183,387 won and interest 45,176,989 won.

C. On April 6, 2007, the court of first instance rendered a judgment that "A, limited liability companies B, D, and the defendant jointly and severally paid to the plaintiff 105,063,791 won and 16,183,387 won per annum from August 19, 2004 to the date of full payment."

The Daepo Mutual Savings Bank shall be the Gwangju District Court on August 3, 2007.

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