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(영문) 서울중앙지방법원 2015.01.22 2013나51659
대여금
Text

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. On August 17, 201, Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) concluded an agreement with the Defendant on a loan limit of KRW 10,00,00,000, loan interest rate of KRW 37.0%, overdue interest rate of KRW 39%, loan period of 36 months (per June 21, 2014), and repayment of the principal and interest equal in repayment method with a new bank account B in the name of the Defendant on the same day.

B. The maturity of the instant loan agreement was due to the obligor’s failure to repay the principal and interest, and the amount of the loan obligation at the time of January 13, 2012 was KRW 10,000,000, the unpaid interest, KRW 663,735, overdue interest, KRW 898,395, and KRW 11,562,130.

C. On April 30, 2013, the Solomon Savings Bank was declared bankrupt in this Court case 2013Hau46, and the Plaintiff was appointed as the bankruptcy trustee of the Solomon Savings Bank and taken over the instant legal proceedings.

[Ground of recognition] Evidence Nos. 1, 2, Eul's Evidence No. 1, and the purport of the whole pleadings

2. According to the above fact-finding, it can be recognized that the loan agreement between the Defendant and Solomon Savings Bank was effective, barring any other special circumstance, the Defendant is obligated to pay the Plaintiff, the assignee of Solomon Savings Bank, the amount of KRW 11,562,130, and the principal amount of KRW 10,000,000,000, calculated at the rate of 39% per annum from January 14, 2012 to the date of full payment.

The defendant asserts that there was only a fact that the defendant requested employment from the street around August 201, 201, which was around the time of the loan of this case, and issued the passbook, resident registration, etc. to the person who was unaware of the name of this case, and there was no fact that he participated in the loan of this case.

According to the Electronic Financial Transactions Act and the Enforcement Decree thereof, any person shall use and manage the means of access, except as otherwise provided for in other Acts.

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