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1. The Defendant shall pay to the Plaintiff the amount of KRW 429,680,715 and KRW 249,970,757 among them, from November 29, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On December 29, 2011, the Future Savings Bank Co., Ltd. (hereinafter “BE Savings Bank”) concluded a credit transaction agreement with the Defendant on a credit limit of KRW 250,000,000 per annum, interest rate of KRW 14% per annum, interest rate of delay, 26% per annum, and due date of payment on December 29, 2012, and provided the Defendant with the said money.
(hereinafter “instant loan”). (b)
As of November 28, 2014, the principal and interest of the instant loan as of November 28, 2014 are KRW 429,680,715 (i.e., principal and interest of KRW 249,970,757 and interest of KRW 179,709,958).
C. On April 30, 2013, the Future Savings Bank was declared bankrupt (Seoul Central District Court 2013Hahap54), and the Plaintiff was appointed as the bankruptcy trustee.
【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination
A. According to the facts of recognition of the Defendant’s obligation to repay the principal and interest of the instant loan, the Defendant is obligated to pay to the Plaintiff 429,680,715 won with 249,970,757 won among the principal and interest of the instant loan and 26% interest rate per annum from November 29, 2014 to the date of full payment.
B. The defendant asserts that pentay Co., Ltd. 1 is the party to the loan contract of this case. The defendant asserts that the loan contract of this case was concluded between the plaintiff and pentay, and the defendant was only lent the name, and the plaintiff was also well aware of the above circumstances.
If a third party directly puts his/her signature and affixes his/her seal on loan-related documents, such as a written loan for consumption, the third party expressed his/her intention to be the debtor of the loan for consumption to the financial institution, and the third party has the intention to have the third party obtain the loan under the name of the third party by avoiding the credit limit set by the financial institution.
Even if the principal and interest are to be repaid at the expense of another person, barring any special circumstance, this is merely an intention to vest economic effects under a loan for consumption in another person.