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(영문) 대전지방법원 2015.12.18 2015나102635
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 8, 2008 and August 18, 2008, Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) implemented two loans under the name of the borrower under the name of the defendant (hereinafter referred to as “loans on May 8, 2008”), as follows: (a) The following loans were “loans on May 8, 2008”; (b) the loans were “loans on August 18, 2008”; and (c) each of the above loans was executed.

① On May 8, 2008, the expiration date of the comprehensive passbook loan of the credit department on May 8, 2009, the account number C: 11% per annum of interest on KRW 300 million per annum (23%) on May 8, 2009, and 2. On August 18, 2008, the expiration date of the loan of general loan of the credit department on August 18, 2008, 11% per annum of interest on KRW 300 million per annum (23%) account number D.

B. The loan of May 8, 2008 was extended until May 8, 2012. The expiration date was extended by May 8, 2012. The loan of August 18, 2008 was extended by August 18, 2012.

On the other hand, the limit of loans made on May 8, 2012, 201, increased from 300 million to 500 million won.

C. As of October 6, 2014, a loan obligation as of May 8, 2012 remains in total of KRW 402,604,087, and KRW 322,780,132, a sum of KRW 725,384,219, and a loan extended on August 18, 2008 remains in total of KRW 300,000,000, interest and late payment fees, and KRW 210,38,388,168.

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

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), Gap evidence No. 22, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion is that the defendant's identification card, seal imprint, certificate of personal seal impression, and resident registration abstract in relation to the loan of this case are issued to E Co., Ltd. (hereinafter "E") with the representative director, or the defendant's identification card and seal imprint, and the defendant's name certificate and resident registration certificate are affixed as proxy.

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