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(영문) 대전지방법원 2016.04.07 2015가단203735
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff; Defendant B Co., Ltd. and C, within the scope of KRW 1,800,000,000; and 1,665,00.

Reasons

1. Basic facts

A. On January 24, 2008, Defendant B Co., Ltd. (hereinafter “B”) entered into a credit transaction agreement with Korea Savings Bank (hereinafter “Korea Savings Bank”) on credit amounting to 280,000,000 won, the expiration date of the credit period, 10% per annum, and 23% per annum.

After that, Defendant B and Han Bank concluded a contract to extend the credit amount from 280,00,000 to 320,000,000 won on October 25, 2008, which extended the expiration date of the credit period from January 24, 2009 to January 24, 2010; on April 15, 2010, the expiry date of the credit period is from January 24, 201 to January 24, 201; and on January 24, 2011, the credit amount is extended from January 24, 201 to KRW 32,00,000 to KRW 35,00,000; and on January 20, 201, the credit amount is extended from January 24, 2011 to January 24, 2012.

B. On April 15, 2010, Defendant B entered into a credit transaction agreement with Korea Bank with a credit amount of KRW 1,450,000,000, the credit period expiration date on April 15, 201; the agreed interest rate of KRW 9% per annum; and the delayed interest rate of KRW 23% per annum.

After that, Plaintiff B and Han Bank concluded a contract to extend the expiration date of the credit period from April 15, 201 to April 15, 2012.

C. On November 18, 201, Defendant A entered into a credit transaction agreement with the Hanju Bank on a credit amount of KRW 1,500,000,000, the expiration date of the credit period, the agreed interest rate of KRW 9% per annum, and the delayed interest rate of KRW 23% per annum.

On November 18, 2011, the Hanju Bank jointly and severally guaranteed the above loan obligation to Defendant A with Defendant B and C within the limit of KRW 1,800,000.

(e) As of January 26, 2015, Defendant A’s obligations to the Hanju Bank are as follows:

Amounting to KRW 1,850,091,557, totaling KRW 1,850,097,00,000 for the attempted interest of KRW 1,498,00,00

F. On February 28, 2013, the Hanju Bank was declared bankrupt by Daejeon District Court 2013Hahap2, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

(g) Defendant B;

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