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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. Basic facts
A. A Co., Ltd. (hereinafter “A”) was a corporation established under the Mutual Savings Banks Act for the purpose of receiving deposits and installment savings, lending funds, etc., and was ordered to suspend business on April 29, 201 by the Financial Services Commission, and was appointed as a trustee in bankruptcy on August 16, 201 by Busan District Court Decision 201Hahap4, Busan District Court Decision 2012Hahap4.
B. A concluded a loan transaction agreement with the Defendant on June 16, 2008 with a loan amount of KRW 15,00,000,000, and the loan period of KRW 36 months (hereinafter “instant loan”), and agreed to comply with the rate of interest rate and damages for delay as stipulated in A.
C. As of July 31, 2013, the principal and interest of this case amounts to KRW 22,891,045 ( Principal KRW 15,00,00,000, plus KRW 7,515,604, plus KRW 35,641).
C Co., Ltd. (hereinafter referred to as “C”) is a special purpose corporation (SPC) owned by A, and the Defendant is registered as a shareholder holding 30% of the common shares issued by C.
[Basis] Facts without dispute, Gap evidence 1, Eul evidence 2-1 through 3, Gap evidence 3-1 through 9, Gap evidence 4, Gap evidence 5, Eul evidence 1-1, 2, Eul evidence 2-1 through 4, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from December 21, 2013 to the date of delivery of a copy of the complaint of this case as to KRW 22,891,045 of the principal and interest of this case, and KRW 15,339,880 of the principal and interest of this case, and the sum of principal and provisional payment, barring any special circumstances, to the Plaintiff.
3. Judgment on the defendant's assertion
A. The Defendant asserted the failure of a loan agreement. The instant loan agreement was made by A to obtain a loan under the name of the Defendant and to use it for A’s purchase of stocks. Article 2 subparag. 6 of the Mutual Savings Banks Act provides “credit extension”.