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(영문) 서울중앙지방법원 2017.01.19 2014가단5344413
대여금
Text

1. The Plaintiff:

A. Defendant A and B shall jointly and severally pay KRW 1,461,00,000 and all of them from November 19, 201.

Reasons

1. Facts of recognition;

A. On September 7, 2012, in Seoul Central District Court Decision 2012Hahap96, the bankruptcy debtor savings bank (hereinafter “Japan Savings Bank”) was declared bankrupt on September 7, 201, and the Plaintiff was appointed as the bankruptcy trustee of the Jeju Savings Bank on the same day.

B. On November 10, 2010, the Japanese Savings Bank concluded a credit transaction agreement with Defendant A on the loan of the subject of loan, the credit limit of KRW 3 billion, the credit limit of KRW 1 billion, and November 10, 201 on the expiration date of the credit period, and implemented the loan by setting up a maximum of KRW 3 billion on the comprehensive passbook account of Defendant A at the rate of 21% per annum on the same day.

(hereinafter “instant loan”). C.

Defendant A paid the interest on the instant loan by November 18, 201, and thereafter, Defendant A lost the benefit of time by delaying the repayment of the principal and interest.

The principal and interest on the remaining loans of Defendant A are KRW 2,684,692,906 and damages for delay at the rate of KRW 33% per annum from November 19, 201 to the date of full payment.

E. The instant loan is a credit-specific product for “the owner and management owner of one entertainment business in the P region, such as M Station, Ndong, and Odong,” and Defendant A, the primary debtor, operated an entertainment tavern with the trade entertainment tavern called “R” on the first floor in Qu underground around the date and time of loan.

F. As to the instant loan obligations against Defendant A’s Il Savings Bank, Defendant A, a partner of Defendant A, jointly and severally guaranteed the entire amount.

In addition, Defendant G, H, and I are the heads or marinas managing the employees of entertainment taverns, Defendant K’s employees, and the remaining Defendants also have served as employees, etc., with the amount equivalent to the prepaid payment to be paid under R as the maximum amount of employment guarantee. Each of the maximum amount of employment guarantee provided by Defendant C 120,000, Defendant D45,000,000, Defendant E-15,000,000, Defendant F10,000,000, Defendant G170,000,000, Defendant H44,000,000,000, Defendant I60,000,000,000, and KRW 60,000,000,000.

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