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(영문) 서울고등법원 2016.09.22 2016나2001500
대여금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts (1) On June 28, 2010, the Dispute Resolution Co-Defendant A entered into an agreement with the Co-Defendant AB of the first instance trial, which operated an entertainment tavern in the name of “M” on the Gangnam-gu Seoul L and underground first floor (hereinafter referred to as “M”) and the Dispute Resolution Co-Defendant B of the first instance trial, under which the Dispute Resolution Co-Defendant A entered into an agreement to grant a loan to the Dispute Resolution Co-Defendant B by setting the credit limit of KRW 2 billion per annum, interest amount of KRW 2 billion per annum, interest interest amount of KRW 21% per annum, interest interest interest amount of KRW 33% per annum, and due date of the credit maturity by June 28, 2011 (hereinafter referred to as “the above loan”) (hereinafter referred to as “the instant loan”). The Co-Defendant C of the first instance trial and D (hereinafter referred to as “C,”) were jointly and severally guaranteed by the Dispute Resolution Co.

Defendant E 70,000,000 won Defendant H 75,000,000 won Defendant H 75,000,000 won Defendant A 27,000,000 won Defendant K 36,00,000 won (2) Defendants are women who worked in the Dispute Resolution Co., Ltd. as employees in the Dispute Resolution Co., Ltd., and the Defendants jointly and severally guaranteed to the Dispute Resolution Co., Ltd the following amount among the instant loan repayment obligations in the Dispute Resolution Co., Ltd.:

(2) The term “joint and several guarantee agreement” between the Defendants and the Plaintiff is not indicated on the date of the guarantee agreement, and the date of the conclusion of the instant joint and several guarantee agreement is unclear). (3) The term “B” was dissolved by the resolution of the general meeting of shareholders on December 20, 2010.

The Bank of Korea was declared bankrupt on September 7, 2012 (Seoul Central District Court 2012Hahap96), and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy on the same day.

(4) At present, the obligation to return the instant loan remains principal amounting to KRW 1,879,962,829 and interest or delay damages accrued from August 31, 2011.

[Ground of Recognition] Facts without dispute, Gap evidence 1-1, 2-3, Gap evidence 2-1, 2-2, Gap evidence 4-1, 2-5-1, 5-2, Gap evidence 6-1, 2, Gap evidence 7-1, 7-2, Gap evidence 8-1, 2, and 12-2, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally with the LAB, C, and D in order to discharge the guaranteed debt concerning the instant loan repayment obligation.

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