대여금
1. The defendant's appeal is dismissed.
2. The defendant bears the total costs of the lawsuit after the filing of the appeal.
purport, purport, and.
Basic Facts
A. On May 4, 2005, A Mutual Savings Bank Co., Ltd. (hereinafter “AB”) concluded a credit transaction agreement (hereinafter “the first credit transaction agreement of this case”) with D Co., Ltd. (hereinafter “D”), setting the credit limit amount of KRW 3.3 billion, interest amount of KRW 10.5% per annum, 21% per annum, 21% per annum, and the expiration date of the credit as of May 9, 2006, respectively, with each credit transaction agreement (hereinafter “the first credit transaction agreement of this case”).
At this time, the defendant jointly and severally guaranteed debt obligations under the above credit transaction agreement against the non-party bank D (hereinafter referred to as "joint and several guarantee of this case").
B. On June 30, 2006, the non-party bank agreed to extend the date of expiration of the credit extension period of the credit transaction agreement of this case from May 9, 2006 to May 9, 2007 between D and the non-party bank consented to the joint and several surety delivery including the defendant.
C. On June 29, 2007, the non-party bank entered into a credit transaction agreement with D on May 9, 2008, with interest at 10.5% per annum, and with 21% per annum, with each of the credit transaction agreements with 3.3 billion won per annum (hereinafter “credit transaction agreement of this case”) to repay the loans under the credit transaction agreement of this case.
On June 29, 2007, the Defendant jointly and severally and severally guaranteed the guarantee limit amount of KRW 4.3 billion (hereinafter “joint and severally guaranteed guarantee amount”) with respect to the obligations to be borne by the non-party bank pursuant to the credit transaction agreement of this case to the non-party bank.
D The principal and interest of a loan based on the credit transaction agreement of this case against the non-party bank of this case is KRW 2,935,366,559 (= Principal KRW 1,972,453,426) as of May 29, 2011 (= KRW 962,913,133).
E. Meanwhile, on April 16, 2010, Nonparty Bank was declared bankrupt by Jeju District Court 2010Hahap1, and the Plaintiff was appointed as the bankruptcy trustee.
[Reasons for Recognition] The facts without dispute, including Gap evidence Nos. 1 through 4, 5, 6, 8, 14, and 16, and the defendant No. 2.