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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. A. On August 30, 2006, the Bankrupt Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) concluded a credit transaction agreement with the Defendant with the Defendant, and then set the amount of KRW 18,900,000 per annum on a yearly interest rate of KRW 12% per annum and the delay damages rate of KRW 25% per annum for the purpose of lending the sales proceeds of C Apartment 211,900,000 (hereinafter “instant apartment”).
(hereinafter) The foregoing credit transaction agreement is “the instant credit transaction agreement,” and the loans accordingly refers to “the instant loan,” respectively. (b)
The credit term of the instant loan has been extended several times. The Promotion Savings Bank and the Defendant finally extended the loan maturity by August 30, 201.
C. B on August 30, 2006, jointly and severally guaranteed the instant loan obligations within the limit of KRW 5,971,000,000.
On August 30, 201, the Defendant lost the profits of time due to the failure to pay the principal and interest to the Promotion Savings Bank after August 30, 201.
The principal and interest of the instant loan unpaid by the Defendant is KRW 37,626,165 in total as of August 12, 2015 (i.e., principal amount of KRW 18,866,528 and damages for delay, KRW 18,191,617 and KRW 568,020 in total).
E. Meanwhile, the Promotion Savings Bank was declared bankrupt on April 15, 2013 by Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 3, 5, 6, 7 (including each number), and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant jointly and severally with B, barring any special circumstance, calculated by 25% per annum from August 13, 2015 to the date of full payment with respect to the total amount of the principal and interest of the instant loan and KRW 37,626,165, and the principal amount of KRW 18,86,528, out of them, to the Plaintiff.