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1. The Plaintiff’s obligation under a credit transaction agreement against the Defendant on December 20, 2011 to the Plaintiff is KRW 4,770,351,252 and its 4,636,78.
Reasons
1. Basic facts
A. On December 20, 201, the Plaintiff entered into a credit transaction agreement with the Defendant (hereinafter “Defendant bank”) who is a mutual savings bank (hereinafter “Defendant bank”) on December 20, 201 in order to raise auction proceeds, building repair costs, and other expenses for the purpose of the business of acquiring the land B and the building on the ground thereof by auction and leasing or selling the building (hereinafter “instant building”) (hereinafter “instant business”). The Plaintiff entered into a credit transaction agreement with the Defendant (hereinafter “the instant credit transaction agreement”).
B. In entering into the instant credit transaction agreement, the Plaintiff and the Defendant bank opened an account under the name of the Plaintiff in the Defendant bank and deposited the total amount of KRW 5,700,000 in the said account. Since then, when the Plaintiff requested the Defendant bank to withdraw funds, the Defendant bank entered into a deposit contract with the intent to deposit the said funds from the said account.
(hereinafter “the instant deposit contract”). C.
On December 22, 2011, the Plaintiff opened a deposit account in the Defendant Bank (Account C; hereinafter “instant deposit account”); and the Defendant Bank deposited KRW 5,69,525,000 calculated by subtracting incidental expenses, such as stamp taxes and credit records, from KRW 5,700,00 on the same day; and the Plaintiff withdrawn KRW 3,193,775,590 among them, and paid the auction proceeds in full.
Since then, an amount equivalent to interest of KRW 5,50,684 on January 25, 2012, and KRW 5,700,000 per annum for each month until February 24, 2012, including KRW 135,55,550,684, and KRW 5,700,000 on February 22, 2012, was paid and processed monthly interest of the loan in the manner of automatic transfer, and around December 22, 2012, the Plaintiff and the Defendant bank agreed to extend the credit period of the instant credit transaction agreement to December 22, 2013 and to change the annual interest rate to nine percent.