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(영문) 서울고등법원 2014.09.30 2013나2027310
대여금
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On May 28, 2009, the Komato Savings Bank Co., Ltd. (hereinafter “tomato Savings Bank”) concluded a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with Defendant A, setting the credit limit of KRW 2.3 billion per annum; interest rate of KRW 12 billion per annum; interest rate of KRW 25% per annum; and credit period from May 28, 2009 to May 28, 2010 (hereinafter “the instant credit transaction agreement”).

(Then, the credit period of the instant credit transaction agreement was extended to May 28, 2012). (B)

Defendant B and Defendant E entered into a comprehensive collateral guarantee contract (hereinafter “instant comprehensive collateral guarantee contract”) between Defendant A and the five day of the same day to guarantee the present and future credit transaction obligations to the Komato Savings Bank up to KRW 3.45 billion.5 billion.

C. As of February 24, 2012, Defendant A’s loan obligations owed to the Komato Savings Bank in accordance with the instant credit transaction agreement reached KRW 2,612,758,609, totaling the principal amount of KRW 2,336,764,36, overdue interest of KRW 275,94,273, and KRW 2,612,758,609.

On the other hand, on August 31, 2012, after the filing of the instant lawsuit, the Komato Savings Bank was declared bankrupt on August 31, 2012 by Suwon District Court 201Hahap23, and the Plaintiff was appointed as the trustee in bankruptcy of the Komato Savings Bank on the same day and taken over the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 3, Gap evidence 5, Gap evidence 8 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, Defendant B and Defendant E are the principal debtor, and Defendant B and Defendant E are joint and several sureties, pursuant to the instant credit transaction agreement and the instant comprehensive collateral security agreement, the Defendants jointly and severally agreed to the Plaintiff with respect to the above loan principal amounting to KRW 2,612,758,609 and principal amounting to KRW 2,36,764,336 among them, from February 25, 2012, to the date of full payment.

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