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(영문) 서울중앙지방법원 2016.06.16 2015가단5281076
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) The amount of KRW 200,000,000 and the interest thereon shall be from June 19, 201 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 18, 2010, the Japanese Savings Bank Co., Ltd. (hereinafter “Japan Savings Bank”) concluded an agreement on the comprehensive passbook loan (hereinafter “instant one loan”) with Defendant B’s joint and several sureties (Provided, That with respect to the instant loan 2, as seen thereafter, KRW 378,00,000, KRW 500, KRW 2100, KRW 3330,000). On December 21, 2010, Defendant A entered into an agreement on the comprehensive passbook loan (hereinafter “instant loan”) with the credit limit amount of KRW 270,00,000, KRW 222,00,000, KRW 3444%.

B. On September 17, 2012, the Japanese Savings Bank was declared bankrupt by the Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as the bankruptcy trustee.

C. As to the instant loan 1, Defendant A delayed repayment of the principal and interest of the instant loan 2 from June 19, 2011; as to the instant loan 2, from May 19, 2011, Defendant A delayed repayment of the principal and interest of the instant loan 384,282,273 as of the date of delinquency in payment; and the remaining principal and interest of the instant loan 2 is KRW 271,453,904.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, the defendants jointly and severally pay 200,000,000 won with respect to the loans 1 of this case, and 150,000,000 won with respect to the loans 2 of this case, and 350,000,000 won with respect to the loans 2 of this case, and 200,000,000 won with interest rate of 33% per annum from June 19, 2011 to the day of full payment, and 34% per annum with respect to the above 150,00,000 won with interest rate of 150,000 won from May 19, 201 to the day of full payment, but the defendant Eul is obligated to pay with respect to the loans 2 of this case within the limit of 378,00,000 won, respectively.

B. As to this, Defendant A asserts to the effect that he is the borrower of each of the instant loans, but the person who actually uses the money is the employee, as well as there is no evidence to acknowledge it.

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