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(영문) 부산지방법원 2017.08.18 2016나40504
대여금
Text

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. On June 2, 2008, Yong-Nam Savings Bank Co., Ltd. (formerly: Yong-Nam Mutual Savings Bank Co., Ltd.; hereinafter “Ynam Savings Bank”) entered into a credit transaction agreement (hereinafter “instant credit transaction agreement”) with Defendant and B, setting a loan of general funds in the credit subjects, a loan of 2 billion won, an amount of loan of 2 billion won, an annual interest rate of 11% on June 2, 2008, and an annual interest rate of 25% on June 2, 2008, and a loan of 2 billion won to A.

B. On January 13, 2009, Yong-Nam Savings Bank concluded a credit transaction agreement with the Defendant, A, and B, changing the expiration date of the credit transaction agreement to April 13, 2009, with the interest rate of 14% (hereinafter “application for the extension of the extension of the credit period of this case”), and entered into a credit transaction agreement with the said changed credit transaction agreement (hereinafter “the credit transaction agreement of this case”).

C. The Youngnam Savings Bank received from A the principal and interest of KRW 51,976,090 on June 23, 2010, and KRW 1,948,023,910 on June 24, 2011. The current balance of interest bonds against A is KRW 547,220,225.

On the other hand, the Yong-Nam Savings Bank was declared bankrupt on September 26, 2013 by this Court No. 2013Hahap16, and the plaintiff was appointed as bankruptcy trustee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) 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 jointly and severally liable to pay KRW 547,220,255, which is the balance of the interest claim, to the plaintiff, as a joint and several surety of the credit transaction agreement of this case.

3. Defendant’s assertion and judgment

A. The Defendant does not sign and seal the extension of the credit transaction agreement of this case on the joint and several sureties on the application form for extension of the extension of the due date, and thus, the Defendant is not a joint and several sureties of the credit transaction agreement of this case.

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