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(영문) 대전지방법원 2016.05.25 2016가단203084
대여금
Text

1. The defendant shall pay 1,00,000,000 won to the plaintiff and 608,810,939 won among them from September 7, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Korea Savings Bank (hereinafter “Korea Savings Bank”) was suspended from business by the Financial Services Commission on May 6, 2012, and was declared bankrupt on February 28, 2013 by Daejeon District Court 2013Hahap2, and was appointed by the Plaintiff as a trustee in bankruptcy.

B. On October 13, 2011, the Defendant entered into a credit transaction agreement with the Korea Savings Bank with the following contents and borrowed KRW 608,810,939 on October 19, 201.

- Credit subject: 600,000,000 won for comprehensive passbook loans and amount of credit extension: The date of expiration of the credit: 9% per annum on October 19, 2012: 23% per annum.

C. Despite the demand for repayment according to the maturity of the above loan obligation, the Defendant is not able to repay the principal and interest of the loan.

As of September 6, 2015, the Defendant’s unpaid loan obligation is a total of KRW 1,067,253,915 (=interest and overdue interest of KRW 608,810,939 on the principal of the loan: KRW 458,442,976).

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. If so, the Defendant is obligated to pay to the Plaintiff KRW 1,00,000,000 and the principal of the loan principal of KRW 608,810,939, which the Plaintiff seeks as part of its claim, plus 23% per annum pursuant to the agreement from September 7, 2015 to the date of full payment.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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