beta
(영문) 서울고등법원 2018.11.23 2017나2074499

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. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 9:

A, on November 17, 2009, made a loan (hereinafter “the instant loan transaction agreement”) with Homato2 Savings Bank (hereinafter “Stomato2 Savings Bank”) to which “The Basic Terms and Conditions on Savings Bank Credit Transactions (hereinafter “Stong Bank”) apply.” The Defendant entered into a credit transaction agreement with “4 billion won per annum, 12% per annum, and 25% per annum (Article 3(5) of the General Terms and Conditions on Savings Bank Credit Transactions (hereinafter “the instant loan transaction agreement”) and received the loan (hereinafter “the instant loan obligation”). Under the instant credit transaction agreement, the Defendant took charge of a bill loan, certificate loan, bill loan, payment guarantee, bond transaction, bond transaction, credit installment transaction, and all other obligations owed to the Nonparty bank at present and in the future, within the limit of six billion won per annum.

(hereinafter “instant guarantee agreement”). B.

According to Article 2(2) of the Credit Agreement, if a person fails to perform his/her obligation on the expiration date of the credit period or loses the benefit under Article 7 of the Basic Terms and Conditions, he/she shall pay the credit balance from that time to that time, and pay damages for delay. A loses the benefit of the time due to failure to perform his/her obligation even after the expiration date of the credit period, and the sum of the principal and interest on the instant loan obligations as of February 15, 2017 (i) KRW 6,576,927,712 (i.e., the principal and interest on the instant loan obligations as of February 15, 2017).

C. On April 30, 2013, Nonparty Bank was declared bankrupt (Seoul Central District Court 2013Hahap55), and the Plaintiff became the trustee in bankruptcy of Nonparty Bank.

2. Determination on the defense prior to the merits

A. The Plaintiff.