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(영문) 서울중앙지방법원 2017.10.27 2016나7615

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. Basic facts

(a) Busan Gangseo-gu and C 'E', which has been implementing a new construction project of D apartment, is called "E";

and the Corporation, the Corporation, FF, the Corporation, is F. F.

Since March 2006, G et al. started the sale but low the sale rate. Accordingly, G et al., which practically operated E and F recruited false buyers, planned to use loans from financial institutions as construction funds by using false sales contract form as contract deposit and intermediate payment, etc. at the same time, and prepared a false sales contract form, etc. by lending the name from the name of several hundreds including the Defendant.

B. The Promotion Savings Bank Co., Ltd. (hereinafter referred to as the “Promotion Savings Bank”).

On September 28, 2006, when entering into a credit transaction agreement with the defendant on September 28, 2006, the apartment of this case, "301 Dong 1103 et al., the defendant purchased from E".

The 19.4 million won was set at the interest rate of 12% per annum for the lending of the sales contract.

The credit transaction agreement is "the credit transaction agreement of this case" and "the loan of this case" is "the loan of this case".

(C) Around 2011, G made a joint and several guarantee of the foregoing loan obligation within the limit of 5.97 billion won. Around June 27, 2011, the Defendant applied for the extension of the credit term to the Promotion Savings Bank and agreed to the extension of the credit term until April 15, 2012, with 12% per annum and 24% per annum. D. The Defendant delayed payment of interest from October 27, 201, and the principal and interest of the instant loan was 35,017,425 won in total as of February 1, 2015 (i.e., the principal and interest of KRW 1,940,000 interest rate per annum, etc.). Meanwhile, the Promotion Savings Bank was appointed by the bankruptcy trustee from May 20, 2013 to the Seoul Central District Court from the date on which the Plaintiff was declared bankrupt.