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Reasons
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(영문) 수원지방법원 성남지원 2018.06.14 2016가단227259
대여금
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1. The plaintiff

A. Defendant A shall pay the amount of KRW 1.5 billion and the amount of KRW 700 million among them from August 4, 2011 to the date of complete payment.

Reasons

1. Facts of recognition;

A. 1) Tomato Savings Bank Co., Ltd. (hereinafter referred to as “tomato Savings Bank”)

(2) On May 27, 2010, Defendant A entered into a credit transaction agreement with the term “comprehensive passbook loan” for the subject of loan, the loan amount of KRW 2,000,000,000, and the term of loan from May 27, 2010 to May 27, 2012, the agreed interest rate of KRW 11% per annum, and the delayed interest rate of KRW 25% per annum (hereinafter “instant comprehensive passbook loan”).

(2) On the same day, Defendant B, C, D, E, and F concluded a credit transaction agreement with Defendant A on January 31, 201 with respect to the future obligation to be borne by the Red Savings Bank (hereinafter referred to as “instant general fund loan”), with the limit of guarantee amount of KRW 3 billion. 2) On January 31, 201, NEto Savings Bank again concluded a credit transaction agreement with Defendant A with the limit of guarantee amount of KRW 4,00,000 for each subject of loan, from January 31, 2011 to January 31, 2012, with the agreed interest rate of KRW 11% per annum, the agreed interest rate of KRW 23% per annum (hereinafter referred to as “instant general fund loan”), Defendant B, C, and D, together with Nonparty G and H Co., Ltd., with the guarantee amount of KRW 6 billion for the future obligation to be borne by Defendant Red Savings Bank in the future.

B. Defendant A’s delay in the performance of the instant integrated passbook loan by August 3, 201, and Defendant A failed to repay the principal and interest of the instant general loan by June 23, 2011. The obligations under each of the instant loan agreements remain as of April 26, 2016 are as follows.

The loan balance of the loan extended shall be 2,00,000,000 1,583,685,685,300,088,904 3,883,227,589 2,211,49,000 4,000,324,324,424,449,424,449,000,000 for total 6,000,000,000,696,138,685,511,537,916,207,207,676,601

C. On August 31, 2012, the Plaintiff was declared bankrupt by the Suwon District Court 2012Hahap23, and the Plaintiff was the trustee in bankruptcy.

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