대여금
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. Under the credit transaction agreement between Company A (the former Cbank, D Bank; hereinafter “the instant bank”) and the Defendant on April 19, 2004 (hereinafter “the first loan”), which provides for loans for general loans for the subject of credit on April 19, 200, the amount of credit extended to KRW 518,000,000 (hereinafter “the first loan”), and on November 5, 2004, the general loan for the subject of credit, the amount of credit extended to KRW 700,000,000 (hereinafter “the second loan”), each of which was prepared and executed, and the loan was executed; thereafter, the first loan was the principal of the first loan. < Amended by Presidential Decree No. 18405, May 29, 2004; Presidential Decree No. 17200, Oct. 5, 2004>
7. 9. 1,00,000 won, May 18, 2008, and KRW 518,000,000 for each of the principal repaid on June 29, 2010, and KRW 518,00,000 for each of the principal repaid on June 29, 2010, the principal was repaid on June 29, 2010, and the principal was fully repaid on June 29, 2010. The bank of this case was declared bankrupt on April 29, 2013. The fact that the Plaintiff was appointed as trustee in bankruptcy of the bank of this case did not dispute between the parties, or that the Plaintiff was appointed as trustee in bankruptcy, based on the evidence Nos. 1 through 3, Nos. 1-1, 1-2, and 2-2 of the evidence No.
2. The parties' assertion
A. In relation to the first loan, the Defendant is obligated to pay interest and delay damages from September 5, 2008 to June 28, 2010, on the interest and delay damages from September 5, 2008 to June 28, 2010, as the interest and delay damages from September 5, 2008 to June 28, 2010, the Defendant did not pay KRW 233,032,875. Thus, the Defendant is obligated to pay the above interest and delay damages.
B. Defendant 1) did not receive a loan from the instant bank, and even if the loan agreement was made out, it is null and void as a false conspiracy. (2) The Defendant agreed with the instant bank at the time of the Defendant’s repayment of the principal amount and the obligation for delay.
3 The extinctive prescription for interest claims has expired.
3. Determination
A. The seal of the holder of a title deed affixed to a private document that determines whether the Defendant obtained the first loan or the second loan is affixed thereto.