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(영문) 서울중앙지방법원 2016.02.05 2015가단5008103
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 30, 2008, Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) extended a loan of KRW 4.5 billion to Defendant A Co., Ltd. (hereinafter “Defendant A”) (hereinafter “instant loan agreement”) (hereinafter “instant interest rate”) (hereinafter “instant loan agreement”), Defendant B, and C jointly and severally guaranteed the above loan obligations.

Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the plaintiff was appointed as bankruptcy trustee on the same day.

[Reasons for Recognition: Facts without a dispute, the purport of the whole pleadings]

2. According to the factual basis of the judgment on the Plaintiff’s cause of claim, barring any special circumstance, the Defendants are obligated to repay the principal and interest of the loan stated in the claims sought by the Plaintiff as part of the claim to the Plaintiff.

3. Determination as to the defendants' defense

A. The gist of the defense is that the loan contract of this case was rescinded by agreement between the plaintiff and the defendant A, and thus, the plaintiff cannot respond to the claim.

B. (1) On September 30, 2008, after the conclusion of the instant loan agreement, the Seoul Mutual Savings Bank concluded the instant loan acquisition agreement (Evidence No. 1) with the Defendant A to transfer the credit held by the said bank to the Defendant A with respect to the Identity CC Co., Ltd. (hereinafter “New CCC”) for KRW 4.5 billion.

The Seoul Mutual Savings Bank (Seoul Mutual Savings Bank) accumulated a large amount of the reserve with difficulties in collecting claims on the background CC and continuous long-term and long-term, proposed that the Defendant request for the acquisition of claims and lend the full amount of the purchase price of claims to the Defendant in order to prevent the aggravation of BIS ratio (equity capital ratio). Defendant A, who has experience in the management of the defective field, accepted the request and received the full amount of KRW 4.5 billion from the purchase price

Defendant A's claim on the identity of 4.5 billion won borrowed from Seoul Mutual Savings Bank.

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