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(영문) 광주고등법원 2016.04.22 2015나13323

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Factual basis

A. On April 8, 2010, a corporation Boan Mutual Savings Bank (hereinafter “ Boan Mutual Savings Bank”) concluded a contract with the Plaintiff to delegate its management to eight stables who were managed for the purpose of securing claims.

B. From May 15, 2010 to December 14, 2010, the Defendant supplied a total of KRW 1,921,812,700 to the said stable managed by the Plaintiff.

C. On July 12, 2010, the Defendant, upon the Plaintiff’s request, signed and sealed the credit limit amount of 300,000,000 won in a mutual savings bank, until December 2, 2011, interest rate of 12% per annum, and interest interest interest rate of 25% in the debtor column of the credit transaction agreement in which the amount of credit (limit) on August 12, 201 is changed to 50,000,000 won, and received the loan.

The defendant's receipt of the above loans from the Boan Mutual Savings Bank under the above loan contract in its form, but it actually receives the living expenses supplied to the plaintiff, so the defendant decided not to pay the above loans to the Boan Mutual Savings Bank.

E. On March 5, 2012, the Boan Mutual Savings Bank was declared bankrupt by the Gwangju District Court 201Hahap1, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy on the same day.

F. On May 24, 2011, the Defendant filed a lawsuit seeking payment of KRW 490,568,30,000 for unpaid raw feed for a mutual savings bank with the Plaintiff and Boan Sea Mutual Savings Bank, arguing that the loan agreement as of July 12, 2010 and the change agreement as of August 12, 2010 were null and void as a false declaration of conspiracy, and sought confirmation of the non-existence of a loan obligation.

Accordingly, the Gwangju District Court is the bankruptcy trustee on April 20, 2012, although the above loan agreement and modified agreement are false ones.