beta
(영문) 대전지방법원 2016.08.26 2014나104672

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. Judgment on the ground of the Plaintiff’s claim

A. 1) The Defendant is the Korea Savings Bank (hereinafter “Korea Savings Bank”) on January 2, 2012.

B) As regards the foregoing, the Defendant’s loan from the Korea Savings Bank on January 9, 2013, the credit limit amount of KRW 300 million, the expiration date of the credit limit amount of KRW 100 million per annum, and KRW 23% per annum. If the Korea Savings Bank needs to give prior notice to the Defendant, it may pay the Defendant in excess of the credit limit amount even if it does not give prior notice to the Defendant. Interest and delay penalty shall be deducted from the parent account or exceeds the credit limit amount (hereinafter “instant agreement”).

(2) Under the instant agreement, Korea Savings Bank concluded a loan of KRW 289,70,920, KRW 42,00,000, KRW 4200,000, KRW 422,006,000, and KRW 8,000,000 on January 30, 2012, KRW 183,50,000 on March 7, 2012, and KRW 7,00,00,000 on March 28, 200, KRW 289,706,920 on March 28, 2012; thereafter, the balance of the loan as of April 9, 2013 was added to the principal and interest KRW 30,00,00,000 on KRW 289,70,00 on March 28, 200; and thereafter, the principal and interest was added to KRW 308,585,2856,4856.

3) On February 28, 2013, Korea Savings Bank was declared bankrupt by Daejeon District Court 2013Hahap2, and the Plaintiff was appointed as a trustee in bankruptcy. [The fact that there is no dispute over the grounds for recognition, Gap evidence 1 through 5, Gap evidence 6-1 through 8, and the purport of the whole pleadings, and the purport of the whole pleadings.

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the principal and interest of the loan amounting to KRW 350,582,051, and the principal amount of KRW 302,288,565, which is paid to the Plaintiff, 23% per annum from April 10, 2013 to the date of full payment, barring special circumstances.

2. Judgment on the defendant's assertion

A. The Defendant entered into the instant agreement with the Korea Savings Bank.