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(영문) 부산지방법원 2015.09.11 2014나46560
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. A loan agreement under subparagraph 1 of Article 2 of the Loan Agreement on October 13, 2005, on August 3, 2007, on the date of repayment on October 13, 2007, on August 3, 2008, the annual rate of 12% per annum with a delay of 12% per annum of 21% per annum on a 21% interest rate of 21% per annum on a loan of KRW 21% per annum; 435,845, 354 won with a balance of 178,87,869 won with a loan of KRW 1140 million on August 3, 2010.

A. The bankrupt, Busan Savings Bank (hereinafter “Bankruptcy Bank”) concluded a first and second loans contract with the Defendant as listed below, and deposited loans into the bankruptcy bank account in accordance with each of the above loans contract with the Defendant. As of January 17, 2013, the sum of KRW 614,73,223,00 in total, including the principal and interest of loan 435,845,354, and the second principal and interest of loan 178,887,869, as of January 17, 2013.

B. Meanwhile, the bankruptcy bank was declared bankrupt on August 16, 2012 (Seoul District Court 2012Hahap4), and the Plaintiff was appointed as the bankruptcy trustee of the bankruptcy bank on the same day.

[Ground of recognition] In the absence of dispute, the defendant's defense against Gap 1 and 7 evidence of Gap 1, Gap 2, 4, Gap 7, and Gap 9 (including numbers, if any,; hereinafter the same shall apply), the following 2:

A. (2) We cannot accept for the same reasons as described in paragraph (2). Part of the witness B of the first instance trial, and the purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiff asserts that the plaintiff is obligated to pay the principal and interest of a loan under each loan contract under Articles 1 and 2 and interest or delay damages to the plaintiff who is the bankruptcy trustee of the bankruptcy bank.

In this regard, the defendant only lent the real estate registration name and issued the defendant's seal impression certificate as it is necessary for B to invest in the real estate of the bankrupt bank. Since the bankruptcy bank arbitrarily forged the documents related to the loan contracts of 1 and 2, the debtor bears the obligation to pay the principal and interest under each loan contract of 1 and 2.

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