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(영문) 부산지방법원 2016.09.27 2016가단312208
대여금
Text

1. The defendant shall pay 3,623,00,000 won to the plaintiff and 21% per annum from January 22, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. From March 7, 2007 to November 24, 2009, the Defendant concluded a credit transaction agreement with Busan Savings Bank (hereinafter “Bankruptcy Bank”) on three occasions as follows (hereinafter “instant credit transaction agreement”), and determined or extended the repayment date from March 7, 201 to November 24, 2014, respectively, and decided to comply with the overdue interest rate of 21% under the terms and conditions set forth by the bankrupt.

Serial 13,00,000,000,000 on March 7, 2013, 13,000,000,000 13,643,643,664,064, 814 on March 24, 2009; 70,00,07,820,3198,30,6530,308,30,309,6363,47,963,47,963,47,963,50,00 on March 24, 2009;

B. As of January 21, 2016, the Defendant did not pay a total of KRW 38,395,162,084, including the remaining principal and interest of loan and late payment fees under the Credit Agreement pursuant to Articles 1 through 3 credit transaction agreements in this case.

C. On August 16, 2012, the bankrupt was declared bankrupt by the Busan District Court, and the plaintiff was appointed as the bankrupt by Article 15 of the Act on the Structural Improvement of Financial Institutions and Article 35-8 of the Depositor Protection Act.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 8, purport of whole pleading

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the sum of the remaining principal and interest of the loan, etc. of KRW 38,395,162,084 as well as the remaining principal and interest of the loan, etc. of KRW 19,047,820,319, which is part of the amount claimed by the plaintiff, 3,623,00,000, and damages for delay.

B. On the judgment of the defendant's assertion, the defendant shall affix his seal to each credit transaction agreement (application for extension of the due date) in the evidence No. 1 and some documents of the additional agreement upon the request of the marriage relatives who were employees of the bankrupt.

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