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1. The Defendant shall pay to the Plaintiff KRW 1,00,000,000 as well as 8% per annum from April 18, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On March 31, 2010, the bankrupt debtor A Co., Ltd. (hereinafter “A”) concluded a credit transaction agreement with the Defendant stating “15,00,000,000 won for each credit, credit limit, 15,000,000 won for each credit, and the date of credit extension; March 31, 2010; March 31, 2011; and 8,000,000 won for each credit transaction (hereinafter “the instant loan”); and on March 31, 2011, A entered into an additional agreement between the Defendant and the Defendant to change the term of validity of the credit to March 31, 2012.
B. As of April 17, 2014, the principal balance of the instant loan is KRW 15,006,693,400, and interest and overdue interest are KRW 3,01,311,628, including KRW 3,018,005,028.
C. Meanwhile, A was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap54, and on the same day, A was appointed as a trustee in bankruptcy.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 1,00,000,000,000 that the Plaintiff seeks as a partial claim among the loan balance of KRW 15,006,693,40, and damages for delay calculated at the rate of 8% per annum from April 18, 2014 to the date of full payment, as sought by the Plaintiff.
B. As to the Defendant’s argument, the Defendant: (a) prepared a credit transaction agreement under the name of the Defendant on March 31, 2010 according to the direction of C, which was the representative director of A; and (b) used the loan executed by C as the loan of D it actually operated by C; (c) accordingly, the instant loan constitutes a juristic act that constitutes a nullification of false conspiracy.
In order to avoid the application of the laws and regulations governing the limit of loans to the same person or the internal regulations of the financial institutions, the actual principal debtor is actually the principal debtor.