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(영문) 부산지방법원 2015.08.21 2015가단202144
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 178,104,859 and the interest rate of KRW 20% per annum from May 15, 2012 to the day of full payment.

Reasons

1.The facts following the facts of recognition do not conflict between the parties, or may be found in each entry in Gap evidence 1 to 7 (including branch numbers), by integrating the whole purport of the pleadings.

On December 31, 2009, the bankrupt Busan Savings Bank Co., Ltd. (hereinafter referred to as the "BO Savings Bank") extended loans to the defendant with the interest of KRW 80,000,000,000 on May 4, 2010 on the interest rate of KRW 10% per annum and delay damages rate of the Busan Savings Bank.

B. However, the Defendant began to delay interest on each of the above loans since May 30, 2011, and lost the benefit of time on January 19, 2012.

C. Meanwhile, the balance of principal of each of the above loans calculated on the basis of May 14, 2012 is KRW 178,104,859 in total, and the interest rate of the Busan Savings Bank’s interest rate for delay damages is 20% per annum.

The Busan Savings Bank was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and the plaintiff was appointed as the bankruptcy trustee on the same day.

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff, a bankruptcy trustee of the Busan Savings Bank, the sum of KRW 178,104,859, and the delay damages calculated at the rate of 20% per annum, which is the agreed interest rate, from May 15, 2012 to the date of full payment.

B. As to the defendant's assertion, the defendant established C in order to promote the Shinan-gun and the "B Investment Project" and had the defendant take office as the representative director, and had the defendant get the above loans from the above company's capital payment room, the defendant unilaterally reduced the defendant from the representative director office of the above company and caused the failure of the above investment business. In this regard, the defendant's retirement pay amounting to KRW 145,60,000 and KRW 140,000 during the above company's service period to Busan Savings Bank.

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