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(영문) 서울중앙지방법원 2017.10.20 2016나46948

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 5, Eul evidence No. 1, and Eul evidence No. 6-2, based on the whole purport of the pleadings:

Since March 2006, E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”), which were implementing a new construction project for the Gangseo-gu Busan Metropolitan Government “D Apartment” (hereinafter “instant apartment”), began to sell in lots, but the sale rate was low. G, etc., which actually operated E and F, planned to recruit false buyers, increase the sale rate, and at the same time, planned to use them as construction funds, etc. with a loan from a financial institution by using a false sales contract for a contract deposit, intermediate payment, etc., and prepared a false sales contract, etc. by lending the name of the Defendant and other parties.

B. On September 7, 2006, when entering into a credit transaction agreement with the Defendant, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) set forth 18,40,000 won as the loan for the sales contract of the apartment of this case that the Defendant purchased from E at the rate of 12% per annum and 25% per annum as the loan for the sales contract of this case.

(hereinafter referred to as the “instant credit transaction agreement,” and the relevant loan (hereinafter referred to as the “instant loan”) C.

The repayment period of the instant loan has been extended several times. The Promotion Savings Bank and the Defendant finally extended the repayment period by September 7, 201.

The Defendant failed to pay the principal and interest to the Promotion Savings Bank after September 7, 2011, which was due date for the instant loan, and the principal and interest of the instant loan unpaid by the Defendant is KRW 36,786,593 in total as of August 18, 2015 (i.e., principal amount of KRW 18,40,000,00 interest interest rate of KRW 18,386,593).

E. Meanwhile, the Promotion Savings Bank is the Seoul Central District Court 2013Hahap64 on May 20, 2013.