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(영문) 서울중앙지방법원 2015.07.02 2014가단5331165
대여금
Text

1. The Defendants jointly and severally pay to the Plaintiff amounting to KRW 66,056,655 and KRW 32,252,454 among them.

Reasons

1. On June 26, 2007, the Plaintiff bank entered into a loan transaction agreement with Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Company”) on a loan with a small and medium enterprise divided repayment loan, the loan amount of KRW 125,00,000, the repayment date of which is June 25, 2010, the rate of interest rate of KRW 9% for three months, the rate of overdue interest rate of KRW 25% per annum (Evidence 1-1 of the A), the loan transaction agreement with Defendant B entered into a loan transaction agreement with the rate of overdue interest rate of KRW 162,50,000 for the same day, and as a joint guarantor for the above loan transaction agreement of the Defendant Company.

(A) 1-2. However, despite the due date for repayment of the above loan, the Plaintiff bank did not receive 92,747,546 won out of the above loan amount from the Defendant Company, and it did not receive damages for delay from November 1, 2014 for the total amount of KRW 33,804,204, total amount of KRW 66,056,655 won, and the total amount of KRW 32,252,454 from October 26, 2009 to October 31, 2014.

(A) 3. Accordingly, the Plaintiff bank is jointly and severally liable to the Defendants for the payment of the loan amounting to KRW 32,252,454, KRW 33,804,201, KRW 66,056,655, and damages for delay as stated in the claim No. 1. 3. 3. The Plaintiff bank is entitled to the Defendant’s claim for the payment of the loan amounting to KRW 162,50,000, KRW 162,500, which is the maximum amount of guarantee.

4. Article 23 of the General Terms and Conditions for Credit Transactions, which approves the application between the plaintiff bank and the defendants, shall, in case where the lawsuit between the bank, the debtor, or the surety or the surety has been incurred with respect to the credit transactions based on this terms and conditions, be placed in the competent court as well as the competent court as provided by the law, and the district court having jurisdiction over the location of the bank's

Provided, That for the management of claims due to the occurrence of non-performing loans due to the debtor's responsible, the bank shall manage the claims with its head office, regional headquarters or other business places.

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