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(영문) 서울중앙지방법원 2016.04.27 2015가합567444
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Daejeon Mutual Savings Bank jointly carried out a real estate development project (hereinafter referred to as the “instant project”) in the Gangnam-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Daejeon Mutual Savings Bank (hereinafter referred to as the “SPD”) and peace DNA Co., Ltd. (hereinafter referred to as the “PPD”), and financial resources necessary to secure the site were to obtain a loan from Daejeon Mutual Savings Bank (hereinafter referred to as the “SPD Mutual Savings Bank”) prior to bankruptcy.

After that, Daejeon Mutual Savings Bank loaned 4.2 billion won to fakes in accordance with the Credit Transaction Agreement dated September 15, 2006, and 600 million won in accordance with the Credit Transaction Agreement dated March 9, 2007 (hereinafter “franchising loans”), and the principal and interest of fake loans as of April 19, 2014 were KRW 9,158,672,640.

In addition, Daejeon Mutual Savings Bank loaned KRW 4.8 billion to Peace C&C according to the credit transaction agreement dated April 2, 2007 (hereinafter “P&C loan”). Since that time, fake was jointly and severally and severally guaranteed the P&C loan obligation within the guarantee limit of KRW 6.24 billion. On April 19, 2014, the principal and interest of the P&C loan was KRW 9,059,652,865.

Daejeon District Court 2012.2.2.2. 2.2. 2012. The Plaintiff was appointed as the bankruptcy trustee of Daejeon Mutual Savings Bank on the same day.

The Plaintiff filed an order to pay a fake loan with the Daejeon District Court 2014Guj3192, and with the same court 2014Guj3194 to pay the payment order for the Peace C&C loan, and the order to pay the Plaintiff the amount of KRW 9,158,672,640 in total and KRW 4.8 billion among them, and the payment order to pay the Plaintiff the amount of KRW 6.24 billion jointly with the Peace C&C, and the payment order to pay the Plaintiff the amount of KRW 6.2 billion.

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