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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. Facts of recognition;
A. 1) Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) is limited to:
(B) After entering into a credit transaction agreement with the Defendant on June 19, 2006, the Defendant is only B Co., Ltd. (hereinafter “B”).
111 dong 1505, 1505 (hereinafter “instant apartment”) to be purchased from Busan apartment.
2) The loan amount of KRW 19,400,000 was loaned under the pretext of the contract for sale in lots (hereinafter referred to as the “credit transaction agreement of this case”), as the “credit transaction agreement of this case”, and the relevant loan is the “loan of this case”).
2) At the time of the instant credit transaction agreement, D guaranteed the Defendant’s debt to the Plaintiff.
B. In the course of the credit transaction agreement of this case, the Defendant prepared a letter of delegation stating the following contents and submitted it to the Promotion Savings Bank:
I, in receiving a loan from the Promotion Savings Bank, do not delegate to the mandatary Promotion Savings Bank the authority to supplement all documents due to the loan application submitted by I, and due to it, do not raise any objection.
C. After that, the term of credit extension of the instant loan was extended over several occasions, and the Promotion Savings Bank concluded a credit transaction agreement with the Defendant on August 19, 201, with respect to KRW 19,400,000 with respect to the term of credit extension up to April 15, 2011, at the rate of KRW 25% per annum.
From December 28, 2011, the Defendant delayed the payment of interest on the instant loan.
The principal and interest of the instant loan is KRW 38,257,488, including the principal amount of KRW 19,400,00 as of December 15, 2015, overdue interest of KRW 18,857,48.
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.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, 5, and Eul evidence 1.