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(영문) 서울중앙지방법원 2015.05.14 2014가합48298
양수금 등
Text

1. The part of the instant lawsuit against Defendant A and B shall be dismissed.

2. The development of the name industry of Defendant Co., Ltd.

Reasons

1. Basic facts

A. On April 29, 2004, Do Residents Mutual Savings Bank Co., Ltd. entered into a credit transaction agreement (hereinafter “credit transaction agreement of this case”) with Defendant prior to the development of the business and the amount of loans KRW 500,000,000, the loan period of three years, the agreed interest rate of 9%, and the overdue interest rate of 19%, and borrowed the above KRW 500,000,000, and Defendant A and B jointly guaranteed the obligation for the development of the business of prior to the Defendant under the credit transaction agreement of this case No. 1.

B. In addition, on November 16, 2005, Do Residents Mutual Savings Bank Co., Ltd. entered into a credit transaction agreement with Defendant Co., Ltd. on a loan amount of KRW 100,000,000, loan period of KRW 11.9%, agreed rate of 11.9%, and overdue interest rate of KRW 19% (hereinafter “credit transaction agreement of this case”) and borrowed the above amount of KRW 100,00,000, and Defendant A jointly and severally guaranteed the obligation to develop the name industry of Defendant Co., Ltd. under the credit transaction agreement of this case No. 2.

C. The development of the Defendant Ship Name Industry, Inc., did not pay interest under each credit transaction agreement of this case, and the remaining debt amount as of July 29, 2014 is as follows:

Defendant A, A, 14,35,97 credit transaction agreements No. 14,35,97 credit transaction agreements No. 14,35,973,94,335,35,974,97 No. 141,275,275,721,241,551,97, a joint and several surety, a joint and several surety of the total amount of the loan balance.

D. Meanwhile, the Plaintiff received assets from Do resident mutual savings banks pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry and Article 24(2) of the Mutual Savings Banks Act on August 26, 2011, and filed the instant lawsuit in order to receive the remaining debts under each credit transaction agreement.

[Based on the recognition] The development of the name industry of Defendant Corporation: Each entry in the confession statement (Article 208(3)2 of the Civil Procedure Act) by Defendant A, B: Evidence Nos. 1, 2, 3, and evidence No. 4-1, 2

2. Determination

A. Regarding the legitimacy of the part of the instant lawsuit against Defendant A and B ex officio with respect to the judgment on Defendant A and B.

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