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(영문) 부산지방법원 2016.10.04 2016가단316002

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 9,420,253,240 and KRW 4,333,288,728 among them, with full payment from March 16, 2016.

Reasons

1. Basic facts

A. On August 16, 2012, the Plaintiff was declared bankrupt on August 16, 2012 by Busan Savings Bank Co., Ltd. (hereinafter “Bankruptcy Bank”), and the Plaintiff was appointed as the bankruptcy trustee of the Bankrupt Bank on the same day.

B. 1) The bankrupt bank and the defendant loans money between the bankrupt bank and the defendant 1) The bankrupt bank set up a credit transaction agreement and an additional agreement, respectively, through three times as listed below (hereinafter collectively referred to as the "loan of this case").

A) The credit transaction agreement prepared at the time of the expiration of the credit period as of March 26, 2010 entered into an official space. However, in light of the fact that the loan was executed between the bankrupt bank and the defendant following the internal examination of the bankrupt bank, it appears that there was an implied agreement between the bankrupt bank and the defendant at the time that the period of the loan was 12 months or 60 months from the date of the agreement. On March 26, 2010, the bankrupt bank and the defendant extended the credit period of March 26, 2010 to 12 months from the date of the agreement, or 100,000,000,000,000, or 10,000,000, 25, 201, 30, 30, 25, 20, 205, 20, 205, 205, 205, 20, 2010.

C. 1 The Defendant shall pay interest only by the date stated below the “final acceptance date” and shall pay the interest thereafter.