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(영문) 서울중앙지방법원 2015.04.24 2014나34590
대여금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 3, 5, 7, 10, 14, 15, 16, and Eul evidence No. 1 (including each number; hereinafter the same shall apply):

On December 16, 2002, Houng Bank Co., Ltd. loaned KRW 6,358,00,000 to B (Provided, That the loan transaction agreement was prepared with the amount of KRW 3,1790,000,000,000,000 for each of the 3,1790,000,000,000,000) and thereafter loaned to C on the same day with the maturity of KRW 3,375,00 on February 15, 2005.

(b) from the following day, “third loan of this case”.

On April 1, 2006, Cho Han Bank merged the old new bank on April 1, 2006, changed its trade name to the new bank (this is the current plaintiff corporation. hereinafter referred to as the "Plaintiff") and all the claims of the old new bank were comprehensively taken over by the plaintiff.

C. On January 10, 2007, the Defendant, each of the loans 1 and 2 of this case, and around that time, took over the loans 3 of this case from each of the loans 1 and 2 of this case, and around that time, the Defendant jointly and severally guaranteed each of the loans 4 of this case to the Plaintiff by the Marine Construction Co., Ltd. (hereinafter “Maritime Construction”) and D.

As of February 24, 2013, the principal and interest amounting to KRW 56,877,300 for each of the instant loans (i.e., principal amounting to KRW 31,790,000) and KRW 61,098,139 for each of the instant loans (i.e., principal amounting to KRW 31,790,000), and KRW 61,098,139 for each of the instant loans (i.e., principal amounting to KRW 33,050,000), and the delay interest rate applicable after the said base date is KRW 17 per annum.

2. Assertion and determination

A. According to the above facts of determination as to the cause of claim, the Defendant, barring special circumstances, as to the Plaintiff’s total amounting to KRW 174,852,739 (= KRW 56,877,300, KRW 56,877,300, KRW 61,098,139), and total amounting to KRW 96,630,000 (= KRW 31,790,000, KRW 31,790,000).

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