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(영문) 서울중앙지방법원 2017.11.10 2016가합505108

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 300,000,000 and the full payment day from April 30, 2011.

Reasons

1. Basic facts

A. 1) Nonparty A Savings Bank Co., Ltd. (hereinafter “A Savings Bank”) (hereinafter “A Savings Bank”) concluded a loan contract between A Savings Bank and the Defendant

(3) On April 13, 2009, the Defendant (former title: the Corporation, the Corporation, and the Corporation, hereinafter referred to as the “Defendant”).

(B) The loan agreement (hereinafter referred to as the “instant loan agreement”) with the maximum trading method (so-called Mabners passbook) to freely provide loans and reimbursement within the scope of the above ceiling amount and the transaction deadline with a maximum of KRW 30 million, maturity of KRW 10 million, KRW 10% per annum, KRW 25% per annum, and KRW 25% per annum.

(2) The Defendant, on April 30, 201, deposited KRW 3,153,934 as the last day of April 29, 2011, and deposited KRW 300,000 under the instant loan agreement into the head of the Mungs passbook and deposited KRW 3,153,934 in April 30, 201 (hereinafter “instant loan”).

B. The Financial Services Commission Act on the Structural Improvement of the Financial Industry (hereinafter “Act on the Structural Improvement of the Financial Industry”) applies to the transfer of loan contracts following a decision to transfer contracts by the

On April 29, 2011, the Financial Services Commission issued a disposition of business suspension against A Savings Bank on the basis of relevant laws, such as relevant laws. In addition, the Financial Services Commission may take necessary measures against the insolvent financial institution, such as a decision on the transfer of contracts, business suspension for a period of not more than six months, and cancellation of authorization or permission for business, etc.: < Amended by Act No. 11010, Aug. 26, 2011>

Provided, That in cases falling under subparagraph 4, only a disposition of business suspension may be taken for a period not exceeding six months, and this shall not apply where an insolvent financial institution under subparagraphs 1 and 2 ceases to be an insolvent financial institution.

Where a mutual savings bank falls under any of the following subparagraphs, the Financial Services Commission under Article 24 (2) of the Mutual Savings Banks Act shall order the suspension of its business entirely for a fixed period not exceeding six months: