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(영문) 서울중앙지방법원 2013.09.13 2012가단26013

대여금

Text

1. The defendant shall pay to the plaintiff KRW 2,017,346,969 and KRW 2,000,000 among them, from January 28, 2011 to the date of full payment.

Reasons

1. Facts of recognition;

A. A Co., Ltd. (hereinafter “A”) is a corporation established under the Mutual Savings Banks Act for the purpose of receiving deposits and installment savings, lending funds, etc., and was ordered to suspend business as of October 28, 201 by the Financial Services Commission as of April 29, 201. On October 19, 2011, a business suspension order was issued by the Financial Services Commission as of October 28, 201, and an additional business suspension order was issued until April 28, 2012. On February 23, 2012, during the instant lawsuit, the Plaintiff was appointed as a bankruptcy trustee.

B. A on June 28, 2008, pursuant to the credit transaction agreement in the Defendant’s name, the credit limit amount of which is KRW 2,000,000,000 (hereinafter “the credit transaction agreement in this case”), A extended loans to the Defendant on the same day at the rate of the change determined by C.

In the credit transaction agreement tax of this case, each name of the defendant's trade name and address (Tgu, Seogu, Daegu), joint representative director, E, and F was stamped, and each signature of E and F and each corporate seal was affixed.

If the repayment of principal or interest under the above loan agreement is overdue, the overdue interest rate shall be 25% per annum for the loan handled until September 30, 2009.

C. On June 28, 2006, the above loan amounting to KRW 2 billion was deposited in full in the Defendant’s loan account (G) automatically opened pursuant to the above agreement, and KRW 1,96,500,000, which was deducted from the commission, was transferred to H by the Defendant, and KRW 200,000,000 was paid to A as financial advisory fee.

The remaining KRW 1,799,650,000 was deposited into the Defendant’s account I opened in C on the same day, and on the same day, the account transfer was made to the Defendant’s account J.

Of them, 900,000,000 won was withdrawn by C as a financial advisory fee on the same day, and the remaining 89,650,000 won was part of the account balance on June 29, 2006.