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(영문) 서울중앙지방법원 2016.12.16 2015나70517
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. Facts of recognition;

A. On July 20, 2006, prior to the bankruptcy, A Savings Bank Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a credit transaction agreement with Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with a comprehensive account loan for credit subjects, the credit limit amounting to KRW 520 million, the credit limit amounting to KRW 520 million, July 20, 2007, interest rate of KRW 12% per annum, damages for delay rate of KRW 25% per annum. Defendant C and D jointly and severally guaranteed the Defendant Co., Ltd.’s obligations to Nonparty Co., Ltd.

(hereinafter “instant first agreement”). (b)

After that, the non-party bank and the defendant company extended the maturity on August 2, 2007 to July 20, 2008, and again extended the maturity on July 21, 2008 to July 20, 2009, and the credit limit amount was increased to KRW 620 million. On July 31, 2009, when the credit limit amount was increased to KRW 2.1 billion, the non-party bank and the defendant company entered into an additional agreement extending the maturity on July 21, 2010, and again extended the maturity on July 21, 2010 to July 21, 201.

(hereinafter referred to as the “instant additional arrangement”) the extension of maturity or extension limit agreements.

As of May 8, 2014, the remaining principal and interest of KRW 2,158,868,980 and interest for arrears plus KRW 3,483,527,327.

On the other hand, the non-party bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the plaintiff was appointed as the bankruptcy trustee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the Plaintiff’s claim, the Defendant Company is the principal obligor of the instant initial agreement and additional agreement. Defendant C and D are joint and several guarantors, and they are jointly and severally liable to the Plaintiff, and as requested by the Plaintiff, the Plaintiff is liable to pay damages for delay at the rate of 22% per annum from July 25, 201 to the date of full payment, which is 1.68 billion won within the scope of the remaining principal and interest of loan, and after the maturity of the loan.

B. Determination of the Defendants’ assertion 1.

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