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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Paragraph 1 of the judgment of the court of first instance is applicable.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 4:
Since March 2006, E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”), which were implementing a new construction project for the Gangseo-gu Busan Metropolitan Government “D Apartment” (hereinafter “instant apartment”), began to sell in lots, but the sale rate was low. G, etc., which actually operated E and F, planned to recruit false buyers, increase the sale rate, and at the same time, planned to use them as construction funds, etc. with a loan from a financial institution by using a false sales contract for a contract deposit, intermediate payment, etc., and prepared a false sales contract, etc. by lending the name of the Defendant and other parties.
B. On June 12, 2006, when entering into a credit transaction agreement with the Defendant, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) set the KRW 11,300,000 as the loan for the sales contract of the apartment of this case, which the Defendant purchased from E, at the interest rate of 12% per annum and the delay damages rate of 24% per annum.
(hereinafter referred to as the “instant credit transaction agreement,” and the relevant loan (hereinafter referred to as the “instant loan”) C.
The repayment period of the instant loan has been extended several times. The Promotion Savings Bank and the Defendant finally extended the repayment period until June 12, 201.
The Defendant failed to pay the principal and interest to the Promotion Savings Bank after the maturity date of the instant loan, and the principal and interest of the instant loan unpaid by the Defendant is KRW 22,252,00 in total as of August 4, 2015 (i.e., the principal amount of KRW 11,30,000 interest rate of KRW 10,952,00 interest rate of KRW 10,952,00, and KRW 10).
E. Meanwhile, the Promotion Savings Bank was declared bankrupt on May 20, 2013 by Seoul Central District Court 2013Hahap64, and the same is applicable.