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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. E Co., Ltd. (hereinafter “E”) and F, Co., Ltd. (hereinafter “F”), which were implementing the new construction project of the Gangseo-gu Busan Metropolitan Government “D Apartment” (hereinafter “instant apartment”), began from March 2006, but the sale rate was low. G, etc., which actually operated E and F, planned to recruit false buyers, increase the sale rate, and at the same time, planned to use them as construction funds by using a false sales contract to obtain a loan from a financial institution for the purpose of contract deposit, intermediate payment, etc., and prepare a false sales contract by lending the name from the Defendant and others.
B. On July 27, 2006, when concluding a credit transaction agreement with the Defendant, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) set the loan at the interest rate of KRW 19.4 million per annum, 12% per annum, and 25% per annum, under the pretext of the loan for the sales contract of the instant apartment purchased from E by the Defendant.
(hereinafter) The foregoing credit transaction agreement is “the instant credit transaction agreement,” and the relevant loan is “the instant loan”). G jointly and severally guaranteed the said loan obligations within the limit of KRW 5.977 billion.1 million.
C. The credit term of the instant credit transaction agreement has been extended several times. The Promotion Savings Bank and the Defendant finally extended the credit term by July 27, 201.
From July 27, 2011, the Defendant delayed payment of interest, and the principal and interest of the instant loan was KRW 38,648,272 in total as of August 12, 2015 ( = interest rate of KRW 19,248,272, including interest rate of KRW 19.4 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, and evidence Nos. 1 through 4 shall include the number.