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(영문) 청주지방법원 2015.09.11 2013가단157572
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 425,581,284 and the interest rate of KRW 20% per annum from April 1, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The credit transaction agreement between the Defendant and the A Savings Bank (hereinafter “A Savings Bank”) (hereinafter “the instant credit transaction agreement”) was concluded as follows.

18% per annum from September 14, 201 to 12% per annum from September 14, 2010, the due date of the debtor's loan interest (%) interest (%) interest (%) (%) interest on the loan date (%) late 201. 50% per annum from September 14, 201, 19% per annum from 3 months to 6 months, and 20% per annum from 6 months to 6 months.

A Savings Bank deposited 494,850,000 won after deducting fees from the above credit amount from the above credit amount on the above loan date in the passbook under the name of the defendant (hereinafter “instant loan”).

C. On March 27, 2012, A Savings Bank was declared bankrupt on March 27, 2012 by the Chuncheon District Court 201Hahap1, and the Plaintiff was appointed from the above court as a trustee in bankruptcy of A Savings Bank on the same day.

As of March 31, 2013, the principal and interest of this case remains a sum of 665,641,144 won (one hundred and sixty-five,645,362 won, interest for arrears of KRW 49,95,782).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff, a trustee in bankruptcy of the savings bank the total amount of 665,641,144 won of the principal and interest of this case (165,645,645,362 won of the principal and interest of 49,95,782 won), plus 84,176,508 won of the principal and interest of this case, deducted from 581,464,636 won of the principal and interest of this case (665,641,144 won of the principal and interest of this case - repayment amount of 84,176,508 won of the principal and interest of this case - repayment amount of 499,95,782 won from April 1, 2013 to delay damages at the rate of 20% of the agreed rate of delay damages.

3. Judgment on the defendant's assertion

A. The actual borrower of the loan of this case is C, and the defendant is formally without the intention of bearing the loan obligations upon D's request, which was the representative director of A savings bank.

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