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(영문) 대전지방법원 2015.02.10 2013가단53158
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 114,371,430 as well as KRW 81,376,514 as from November 4, 2013.

Reasons

1. Facts of recognition;

A. On August 24, 2010, Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) entered into a credit transaction agreement with Defendant A with the amounting to 80,000,000 won of the loan principal, interest rate of 10% per annum, interest rate of 23% per annum on August 24, 2011, and delay damages rate of 23% per annum (hereinafter “the instant credit transaction agreement”). Defendant B jointly and severally guaranteed it within the limit of the total guarantee period of 104,00,000 won.

B. A loan of KRW 80 million (hereinafter “instant loan”) executed under the instant credit transaction agreement was deposited into the Defendant A’s account on August 24, 2010, excluding fees.

C. The remaining principal and interest of a loan under the instant credit transaction agreement is KRW 114,371,430 as of November 3, 2013, including the principal amount of KRW 81,376,514, interest, etc. 32,94,916.

On February 28, 2013, the Korea Savings Bank was declared bankrupt by Daejeon District Court 2013Hahap2, and the plaintiff was appointed as the trustee in bankruptcy of the Korea Savings Bank on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. According to the above findings of determination as to the cause of the claim, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 114,371,430 of the principal and interest of the instant case and KRW 81,376,514 of the principal and interest of KRW 81,376,514 at the rate of 23% per annum, which is the agreed delay damages rate from November 4, 2013 to the date of full payment, barring any special circumstance, and Defendant B is obligated to pay the said amount within the limit of the collateral guarantee of KRW 104,00,000.

B. Determination as to the Defendants’ assertion (1) As the supervisory authority’s audit is planned with respect to the Defendants’ 1 Korea Savings Bank’s insolvency, the Korea Savings Bank’s management as an employee of Korea Savings Bank will be faced with the situation in which his own insolvency loans should be hidden, and the method would not be used to conceal such insolvency loans.

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