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(영문) 부산지방법원 2018.01.10 2017나41375

대여금

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1. Of the judgment of the court of first instance, the part against the Defendants ordering payment in excess of the money ordered below.

Reasons

1. Basic facts

A. On September 26, 2013, the Plaintiff’s status Yong-Nam Savings Bank Co., Ltd. (hereinafter “Ynam Savings Bank”) was declared bankrupt on September 26, 2013 by Busan District Court Decision 2013Hahap16, and the said court appointed the Plaintiff as the trustee in bankruptcy on the same day.

B. Credit transaction agreement and joint and several sureties 1) Yong-Nam Savings Bank from May 23, 1995 to Defendant A and the above Defendant D site and ground buildings owned by the above Defendant (hereinafter “instant real estate”).

2) As to the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”).

After completion of the credit transaction, I changed the credit transaction into a general loan around August 20, 2004. After maturity renewal and extension of the period thereafter, the last day of August 20, 2009 with the above Defendant was extended on August 20, 200, by 285 million won, interest rate of 12% per annum, 24% per annum, damages for delay rate of 24% per annum, August 20, 2013 (after this, until December 20, 2013).

(i) the credit transaction agreement (hereinafter referred to as “instant loan agreement”)

(2) Article 2(2) of the Loan Agreement provides that “If a person fails to perform his/her obligation on the expiration date of the credit period or loses the benefit of time under Article 7 of the Framework Agreement, he/she shall from that time pay damages for delay to the balance of the credit.”

3) Meanwhile, on August 20, 2009, when the loan agreement of this case was concluded, Defendant B, and Defendant C, on August 20, 2010, jointly and severally guaranteed Defendant A’s loan obligations under the loan agreement of this case to the Yong-Nam Savings Bank. C) On February 14, 2014, the Plaintiff filed an application for voluntary auction of real estate and thereafter, filed an application for voluntary auction of real estate concerning the instant real estate with Busan District Court E on the ground that the Defendants did not pay the principal and interest despite the expiration of the loan agreement of this case. The said court on February 17, 2014.