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(영문) 서울중앙지방법원 2015.04.09 2014나40946

대여금

Text

1. Revocation of a judgment of the first instance;

2. As to KRW 123,409,049 among the Plaintiff and KRW 89,848,406 among the Plaintiff, the Defendant shall on January 2013.

Reasons

1. Basic facts

A. B Bank (hereinafter “B Bank”) is a savings bank established under the Mutual Savings Banks Act.

B. On April 24, 2007, B Bank concluded a credit transaction agreement with the Defendant on April 24, 2007 with the content that the loan amount is KRW 90 million, the expiration date of the term of validity, and the interest rate on April 24, 2008 at the first time shall be the applicable rate of the credit transaction agreement, and thereafter, B Bank may adjust it to the prescribed interest rate on a monthly loan offered by B Bank, and a credit transaction agreement with the content that B Bank shall comply with the interest rate set forth by B Bank by applying the basic terms of credit transaction (hereinafter “the credit transaction agreement of this case”).

C. On November 22, 2011, the Plaintiff, B Bank, and the Korea Deposit Insurance Corporation drafted a basic agreement with which the Plaintiff would acquire part of the assets and liabilities of the Bank. On November 23, 2011, the Financial Services Commission decided to transfer a contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry that the Plaintiff would either form the basis for the occurrence of the loan claims of the Bank or transfer the agreement to secure them.

According to the above decision on contract transfer, the claim based on the credit transaction agreement of this case was transferred to the Plaintiff, and the above decision on contract transfer was publicly announced on November 24, 201 in the E-Examination and F.

E. As of January 2, 2013, the principal and interest of a loan based on the instant credit transaction agreement is KRW 123,409,049,049 (= KRW 89,848,406, KRW 33,560,643) as of January 2, 2013 (i.e., principal and interest of KRW 89,848,406, KRW 33,560,643), and the interest rate for delay determined by B bank according to the instant credit transaction agreement is 21% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 12 (including a provisional number) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant shall pay to the Plaintiff the principal and interest of KRW 123,409,049 based on the instant credit transaction agreement and the principal of KRW 89,848,406, which is the following day of the above base date, barring special circumstances.