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 December 14, 2006, A Mutual Savings Bank Co., Ltd. (hereinafter “B”) entered into a credit transaction agreement (hereinafter “the first credit transaction agreement”) with Co-Defendant B Co-Defendant B Co-Defendant B Co-Defendant (hereinafter “B”) at the first instance trial on December 14, 2006, setting the interest rate of 10.5% per annum, 21% per annum, and the expiration date of the credit as of December 14, 2007, respectively, and loaned KRW 90 million.
On the same day, the Defendant jointly and severally and severally guaranteed the guarantee amount of loan obligations under the above credit transaction agreement with the non-party bank B as KRW 1.2 billion (hereinafter “joint and several guarantee amount”).
B. On December 14, 2007, 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 December 14, 2007 to December 14, 2008, to change the rate of damages for delay to 22% per annum, and the non-party bank consented to the delivery of joint and several sureties including the defendant.
C. On December 31, 2008, the non-party bank entered into a credit transaction agreement with B as of December 31, 2009, with interest rate of 10% per annum, 22.5% per annum, and the expiration date of the credit transaction agreement as of December 31, 2009 (hereinafter “the credit transaction agreement of this case”). The non-party bank loaned KRW 90 million to repay the loans under the credit transaction agreement of this case. D.
B The principal and interest of a loan based on a credit transaction agreement to the non-party bank in this case is KRW 1,289,867,493 (= principal and interest of KRW 900,000,000) as of March 30, 2011 (= KRW 389,867,493).
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.
[Ground of recognition] A without dispute, each entry in Gap evidence 2 through 5, 10 through 12, 15, and 16 (including various numbers), and the so-called substitution in which Gap offers new loans only formally without the receipt of funds to determine the cause of claim as a whole.