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(영문) 서울중앙지방법원 2015.12.23 2014가단5103216
대여금
Text

1. The Defendants jointly and severally pay one billion won to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Basic facts

A. Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) on January 31, 2008: B. Registration number of corporations at the time of Defendant A: B. Registration number of corporations

G. On July 3, 2009, the trade name was changed to A stock company.

hereinafter referred to as “Defendant A”

(1) A loan extended to Beneficiary at an interest rate of KRW 7.5 billion per annum, 11% per annum, 25% per annum, and 31 July 2008 at maturity (hereinafter “instant first loan”).

(2) On September 3, 2008, Defendant A extended a loan of KRW 700 million at the rate of delay damages per annum 25% per annum, and on March 1, 2009 at maturity (hereinafter “instant second loan”).

(b) Defendant C, D, and Defendant E (hereinafter “Defendant E”)

Defendant F Co., Ltd. (trade name at the time: A. Corporation registration number;

H. It is separate from A Co., Ltd., the primary debtor of each of the above loans, and changed its trade name to F Co., Ltd. on June 16, 2009.

hereinafter referred to as “Defendant F”

(C) At the time of the instant loan Nos. 1 and 2, Defendant A’s repayment obligation to the Solomon Savings Bank was jointly and severally guaranteed. From March 1, 2009, Defendant A delayed repayment of the principal and interest of the instant loan Nos. 1 and 2, and as of the date of the closing of argument, the principal and interest of the instant loan Nos. 1 and 2 were fully repaid. However, the principal and interest of the instant loan Nos. 3,025,23,21 were all repaid, but the principal and interest of the instant loan Nos. 1 and 423,062,510 were not yet repaid. D. The Solomon Savings Bank was declared bankrupt on April 30, 2013, and the Plaintiff was appointed as trustee in bankruptcy. [Grounds for recognition] The purport of the entire pleadings is as follows.

2. According to the facts of the judgment as to the cause of the claim, Defendant A is the principal debtor of the instant loan Nos. 1 and 2, and the remaining Defendants, as joint and several sureties, jointly and severally, shall be deemed to have attempted the instant loan No. 1 and KRW 3,025,23,221 and KRW 423,062,510.

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