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(영문) 서울중앙지방법원 2015.08.12 2015가합5175
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay KRW 73,006,393 and KRW 523,068,476 among them from June 23, 2010 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 30, 2008, Defendant A entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the Exemplary Mutual Savings Bank Co., Ltd. (hereinafter “ENF”) at the rate of KRW 750,000,000,000,000 at the expiration of the extension period, on December 30, 2009, at the interest rate of KRW 9% per annum, and at the rate of delay damages at 22.5% per annum, and received the above loans.

(hereinafter “instant loan”). (b)

On December 30, 2008, Defendant B entered into a joint and several guarantee agreement with Nonparty B to guarantee the obligation owed by Defendant A to Nonparty A according to a general loan transaction, including the instant loan transaction agreement, within the limit of KRW 975 million on collateral guarantee amount.

C. On January 13, 2010, the Plaintiff received the principal and interest of the instant loan, etc. from the non-party bank according to the contract transfer decision dated November 18, 2009, and the non-party bank notified the Defendants on January 19, 2010.

As of June 23, 2010, the principal and interest of this case remains in KRW 523,068,476 and the principal and interest of KRW 209,937,917.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, Defendant A is obligated to pay the above money within the scope of KRW 975,00,000,000,000, which is the agreed damages rate of KRW 22.5%, which is the agreed damages rate from June 23, 2010, and the agreed damages rate of KRW 523,068,476, of the loan principal and interest of this case, to the Plaintiff, and Defendant B is jointly and severally liable with Defendant A to pay the above money within the limit of KRW 975,00,00,00,00, which is the limit of collateral guarantee amount.

B. As to this, the Defendants: (a) the instant loan was lent on June 15, 2005 between Defendant A and Nonparty bank; and (b) the loan was invalid as a false declaration of conspiracy or there was no substantial monetary loan relationship.

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