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(영문) 서울중앙지방법원 2015.10.23 2014가합56855
양수금(일부금)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 17,509,589,041 and KRW 1,100,000 among them, starting from July 2, 2014.

Reasons

1. Facts of recognition;

A. On May 208, 2008, the Defendants concluded an agreement that Defendant 2 will jointly and severally guarantee the Defendant Company’s obligations. Around May 2008, 11 billion won was agreed upon with the agreement of 12% on the rate of 12% on the loan execution date belonging to the month 12 months have elapsed from the date of loan execution.

(hereinafter “instant loan agreement”). B.

On May 20, 2008, the Future Savings Bank Co., Ltd. (hereinafter referred to as the “BE Savings Bank”) acquired loan claims and rights incidental thereto under the instant loan agreement from Alley Dolla Capital on May 20, 208.

C. On May 28, 2009, the Future Savings Bank and the Defendants drafted the “Agreement on the Modification of Loan Agreements” with the content that the maturity date of the instant loan is changed to “the acceptance date of the loan implementation that belongs to the month 18 months have elapsed since the date on which the loan was performed.”

(hereinafter “instant amendment agreement”) D.

On April 30, 2013, the Future Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the Korea Deposit Insurance Corporation is appointed as a trustee in bankruptcy and is now in bankruptcy proceeding.

E. Loans under the instant loan agreement were executed on May 21, 2008. As of July 2, 2014, the principal and interest on the instant loan was KRW 11,00,000,000, interest rate of KRW 6,509,589,041, total amount of KRW 17,509,509,589,041.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, 2-1 to 3, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants, as the principal obligor of the instant loan and joint and several sureties, jointly and severally, shall be the principal and interest of the instant loan amount of KRW 17,509,589,041 and the principal among them, as the Plaintiff seeks.

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