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(영문) 대전지방법원 2015.03.19 2014가단223602
대여금
Text

1. The defendant shall pay to the plaintiff KRW 1,100,000 and KRW 702,604,087 among them from October 6, 2014 to the day of full payment.

Reasons

1. The following facts of recognition may be acknowledged either in dispute between the parties or in full view of the entries in Gap evidence 1 to 18 and the whole purport of the pleadings:

On February 28, 2013, Korea Savings Bank was declared bankrupt by Daejeon District Court 2013Hahap2, and the plaintiff was appointed as bankruptcy trustee.

B. The Plaintiff entered into two credit transaction agreements with the Defendant and carried out the loan.

① On May 8, 2008, May 2009, the expiration date of the comprehensive passbook loan of the credit subject (on May 8, 2012, after extension) 11% (23%) interest per annum on the loan amount of KRW 300 million (500 million after extension) (2) on August 18, 2008, the expiration date of the general loan of the credit subject on August 18, 2008 (on August 18, 2012, after extension),

C. As of October 5, 2014, the above two loan obligations are principal KRW 702,604,087, interest and arrears KRW 407,395,913.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff 1,100,000,000 won with interest rate of 23% per annum from October 6, 2014 to the date of full payment, which is the day following the date of final calculation of interest, as to the loan principal of KRW 702,604,087.

The defendant asserts that he did not conclude the above credit transaction agreement.

However, in full view of the following circumstances revealed by the evidence presented above, namely, each credit transaction agreement is accompanied by the Defendant’s certificate of the personal seal impression issued on the date of entering into each credit transaction agreement and a resident registration abstract, and each credit transaction agreement provides loans under the above credit transaction agreement through the Defendant’s real name verification passbook, the Defendant’s assertion cannot be accepted.

Next, in light of the fact that the right to collateral security set forth in Section B401 of Gangnam-gu Seoul, which it provided as the physical guarantee, was cancelled by the Korea Savings Bank as the mortgagee, the above loan obligation.

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