대여금
1. The defendant shall pay 1,00,000,000 won to the plaintiff and 25% per annum from June 30, 2007 to the day of full payment.
1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 4, and Eul evidence No. 9:
On June 30, 2004, ES Savings Bank Co., Ltd. (hereinafter “ES Savings Bank”) entered into a credit transaction agreement with the Defendant on June 30, 2005 (hereinafter “the credit transaction agreement of this case”) with the amount of KRW 2.5 billion, the expiration date of the credit, the interest rate of KRW 12% per annum, and the interest rate of overdue interest rate of KRW 25% per annum (hereinafter “the credit transaction agreement of this case”). Accordingly, the above loans were deposited in ES Savings Bank account (Account Number B) in the Defendant’s name.
B. With respect to the credit transaction agreement of this case, only interest was paid until May 17, 2007, and there was no repayment of the principal and interest of this case thereafter until the expiration of the credit period.
C. Meanwhile, on September 26, 2012, the Incheon District Court declared bankruptcy against the Es Savings Bank on September 26, 2012, where the lawsuit of this case is pending, appointed the Plaintiff as the trustee in bankruptcy of the Es Savings Bank, and the Plaintiff taken over the litigation of this case.
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay damages for delay determined by the agreement of 25% per annum from June 30, 2007 to the date of full payment, which is the date of expiration of the credit extended by the plaintiff, to the plaintiff, the party taking over the lawsuit in the Es Savings Bank, and after the date of final payment of interest thereon, unless there are special circumstances.
3. Judgment on the defendant's assertion
A. The defendant, who has no obligation of loans, asserts that there is no obligation of loans since the House Savings Bank did not pay a loan under the credit transaction agreement of this case to the defendant, and therefore, there is no obligation of loans. Thus, the fact that a loan amounting to 2.5 billion won under the credit transaction agreement of this case was deposited into the defendant's account on June 30, 2004 is examined as above.