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(영문) 서울중앙지방법원 2016.01.12 2015가단5051770
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. The plaintiff's assertion

A. On August 18, 2006, the bankrupt debtor A Co., Ltd. (the first trade name was the FF Bank, but was changed to G Bank Co., Ltd. on December 11, 2009, and the trade name was changed to A Co., Ltd. on December 29, 201, and the Plaintiff was declared bankrupt on April 29, 201, and the Plaintiff was appointed as the bankruptcy trustee on April 29, 201; hereinafter “Nonindicted Bank”) concluded a credit transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and lent KRW 2 billion on the same day as the following date, and Defendant C, Defendant D, and Defendant E entered into the said credit transaction agreement as a joint and several surety.

1) Credit subject: 2,00,000,000 won (the date of loan): The first day of credit extension (the date of August 4, 2006): the interest rate on August 18, 2007: 24% (the rate of damages for delay: 36%);

B. However, the Defendants did not pay interest of KRW 2 billion until July 17, 2008 and KRW 679,193 on principal on January 29, 2010, and KRW 1,99,320,807 on March 17, 2010 with respect to the above loans, and pay the principal amount of KRW 1,99,320,807 on February 27, 2015, and the remainder of the delayed payment damages from July 18, 2008 as of February 27, 2015, with respect to the delayed payment damages of KRW 698,960,40 on total and KRW 4,134,890 on total and KRW 703,095,298 on total, and the Defendants jointly and severally are liable to pay to the Plaintiff the obligations of KRW 703,095,298.

2. Determination

A. The above 1-A

The facts stated in paragraph (1) do not conflict between the parties, and thus, it is recognized that Defendant Company’s loan obligations (hereinafter “instant loan obligations”) against Nonparty Bank under the said credit transaction agreement and the remaining Defendants’ joint and several obligations have been established.

B. On February 4, 2008, the Defendants asserted that the principal and interest of the instant loan was fully repaid. Accordingly, according to the following circumstances, i.e., the following circumstances, i.e., Eul 1-1 and 2, the Defendant Company deposited KRW 2,04,712,328 in the non-party bank account (H) in the name of the Defendant Company (H), and the fact that the Defendant Company deposited KRW 2,04,712,328 in the non-party bank account in the name of the Defendant Company.

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