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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. From March 2006, F Co., Ltd. (hereinafter “F”) and G Co., Ltd. (hereinafter “G”) (i.e., the construction company of Gangseo-gu Busan Metropolitan Government and D’s “E Apartment” (hereinafter “instant apartment”) began selling from March 2006, but the sale rate was low. B, etc., which actually operated F and G, planned to recruit false buyers to use them as construction funds by receiving loans from financial institutions for the purpose of contract deposit, intermediate payment, etc. at the same time, using a false sales contract form, at the same time, using a false sales contract form to increase the sale rate and at the same time, to use them as contract deposit, intermediate payment, etc. from the Defendant and other parties.
B. On July 27, 2006, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) concluded a credit transaction agreement with the Defendant on a loan with the Defendant, and the Defendant set the amount of KRW 18.9 million per annum as the loan for the sales contract for one household of the instant apartment unit purchased from F and lent at the interest rate of KRW 12.9 million per annum and the delay damages rate of KRW 25% per annum.
(hereinafter referred to as the “instant credit transaction agreement,” and the relevant loan (hereinafter referred to as the “instant loan”). B jointly and severally guaranteed the said loan’s obligation within the limit of KRW 5.977 billion.1 million.
C. Around 2011, the Defendant applied for the extension of the due date to the Promotion Savings Bank and extended the due date to April 15, 201 by receiving a refund loan on June 27, 2011.
From October 27, 2011, the Defendant delayed payment of interest, and the principal and interest of the instant loan is KRW 38,041,962 in total as of December 15, 2015 ( = principal interest rate of KRW 19,141,962, including interest rate of KRW 18.9 million).
E. Meanwhile, the Promotion Savings Bank was declared bankrupt on May 20, 2013 by Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
[Ground] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2 and 19, respectively.