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(영문) 대전지방법원 2015.04.28 2014가단32493
대여금
Text

1. The Plaintiff:

A. Defendant A and B jointly share KRW 977,350,786 and KRW 607,753,441 among them.

Reasons

1. Facts of recognition;

A. On December 23, 2004, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a comprehensive passbook loan agreement with Korea Savings Bank (hereinafter “Korea Savings Bank”), setting the lending limit amount of KRW 300 million, the term of loan up to December 23, 2005, the interest rate of KRW 13% per annum, and the delay damages rate of KRW 23% per annum, with each of the Korea Savings Bank (hereinafter “instant loan”). At the time, Defendant B and Defendant C Co., Ltd (hereinafter “Defendant C”) (hereinafter “Defendant C”) as the representative director of Defendant A at the time, jointly and severally guaranteed the instant loan obligations against the Korea Savings Bank.

(However, Defendant C set the guarantee limit amount to KRW 780,00,000).

On January 7, 2005, Defendant A and Korea Savings Bank entered into an additional agreement to increase the amount of loan limit of this case to KRW 400 million. On January 20, 2005, Defendant A and Korea Savings Bank entered into an additional agreement to further increase the amount of loan limit to KRW 600 million. On January 20, 2005, Defendant A and Korea Savings Bank entered into an additional agreement to extend the term of loan limit of this case to December 23, 2006.

C. On June 15, 2012, Korea Savings Bank sent a peremptory notice to pay overdue loans of KRW 617,377,591 to Defendant A, which remains at the time, by June 29, 2012. The peremptory notice was served to Defendant A on June 19, 2012.

On July 11, 2012, Defendant A responded that as long as Defendant C took over the principal and interest obligation of this case, Defendant A cannot respond to the highest demand of Korea Savings Bank.

On the other hand, the Korea Savings Bank was declared bankrupt on February 28, 2013 at the Daejeon District Court (2013Hahap2), and the defendant was appointed as the trustee in bankruptcy.

E. As of April 23, 2014, the principal and interest of this case as of April 23, 201 remains in total of KRW 607,350,786, including principal, interest, and late payment charges.

[Ground of recognition] Unsatisfy, A(1) through (3)

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