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(영문) 서울중앙지방법원 2018.12.14 2018나12536
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the lower court’s reasoning is that the part of “1. Basic Facts” in the judgment of the first instance is identical to the part of “1. Basic Facts” in the judgment of the first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

If the first instance judgment No. 4, 5 of the first instance judgment (hereinafter “instant first credit transaction agreement”), “(hereinafter “the first credit transaction agreement”)” is “(hereinafter “the first credit transaction agreement”) and loans under the first credit transaction agreement are “the first loan”; and the third credit transaction agreement “B” is “the bond transfer agreement” (hereinafter “mortgage transfer agreement”).

Part 5 of the judgment of the first instance court is "(1)" and "(2)" are "(1).

In the first instance judgment, “The second credit transaction agreement” (hereinafter “the second credit transaction agreement”) is deemed to be “the second credit transaction agreement,” and the second credit transaction agreement is deemed to be “the second credit transaction agreement,” and the third credit transaction agreement is deemed to be “the second credit transaction agreement,” respectively.

2. Summary of the parties’ assertion

A. Plaintiff E Bank concluded a secondary credit transaction agreement with Defendant for the purpose of settling the interest on the first loan, and agreed to settle the interest accrued from September 30, 201 to July 29, 201 on the second loan and the interest accrued from June 29, 201 to August 3, 2011.

On the other hand, on June 29, 2015, the Plaintiff, a trustee in bankruptcy, was paid KRW 11,400,00,000 from the L Union. The E Bank agreed with J to pay the overdue interest rate of the first loan at 23% per annum. Since the Defendant concurrently assumed the first loan obligation of J, the above KRW 11,40,000,000 shall be appropriated for the principal and interest of the second loan calculated by applying the overdue interest rate at 23% per annum.

Accordingly, when 11,400,000 won is appropriated as shown in the attached Table, June 2, 2016.

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