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(영문) 서울중앙지방법원 2017.10.20 2016나61404
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. Basic facts

A. E Co., Ltd. (hereinafter “E”) and F, Co., Ltd. (hereinafter “F”), which were implementing the new construction project of the Gangseo-gu Busan Metropolitan Government “D Apartment” (hereinafter “instant apartment”), began from March 2006, but the sale rate was low. G, etc., which actually operated E and F, planned to recruit false buyers, increase the sale rate, and at the same time, planned to use them as construction funds by using a false sales contract to obtain a loan from a financial institution for the purpose of contract deposit, intermediate payment, etc., and prepare a false sales contract by lending the name from the Defendant and others.

B. On July 27, 2006, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) concluded a credit transaction agreement with the Defendant, and the Defendant set forth and lent KRW 18,90,000 per annum as the loan for the sales contract deposit under 301, 903, the apartment of this case, which the Defendant purchased from E, at the interest rate of 12% per annum and the delay damages rate of 25% per annum.

(hereinafter) The foregoing credit transaction agreement is “the instant credit transaction agreement,” and the relevant loan is “the instant loan”). G jointly and severally guaranteed the said loan obligations within the limit of KRW 5.977 billion.1 million.

C. Around 2011, the Defendant applied for the extension of the due date to the Promotion Savings Bank and extended the due date to April 15, 201 by receiving a refund loan on June 27, 2011.

From October 27, 2011, the Defendant delayed payment of interest, and the principal and interest of the instant loan is KRW 36,800,367 in total as of August 12, 2015 ( = KRW 17,900,367 in overdue interest, etc.).

E. Meanwhile, the Promotion Savings Bank was declared bankrupt on May 20, 2013 by Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

[Ground] Facts without dispute, and evidence Nos. 1 through 4 are admissible.

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