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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. On June 19, 2006, a mutual savings bank (i.e., the Promotion Savings Bank Co., Ltd.: the Promotion Savings Bank Co., Ltd.; hereinafter referred to as the “Promotion Savings Bank, regardless of whether it was before or after the change; hereinafter referred to as the “Promotion Savings Bank”) entered into a credit transaction agreement with the Defendant on the terms of general loan of credit subjects, credit amounting to 18,90,000 won, credit amounting to 19, Jun. 19, 2011; interest rateing to 12% per annum; and interest rate of 25% per annum; and loans to
(hereinafter referred to as the “instant loan”). B is the president of the Korea Development Bank Co., Ltd. (hereinafter “Korea Development Bank”) and the E Co., Ltd. (E) (hereinafter “E”) that carried out the business of newly building and selling D apartment (hereinafter “the instant apartment”) in Gangseo-gu Busan Gangseo-gu, Busan. A joint and several debt to the Promotion Savings Bank at the time of the instant loan agreement within the limit of KRW 5,971,00,000, including the Defendant’s loan, to the extent of KRW 301 of the instant apartment buyers including the instant loan.
As of August 12, 2015, the balance of the principal and interest of the instant loan as of August 12, 2015 was 37,317,378 won in total, and 575,510 won in the relevant provisional payment.
The Promotion Savings Bank was declared bankrupt on May 20, 2013 by Seoul Central District Court 2013Hahap64, and the plaintiff was appointed as the bankruptcy trustee.
[Ground of recognition] The defendant evidence No. 1 stated in the document "No. 19, Jun. 19, 201" in the column of the expiration date of the credit extension period in this document as evidence to the effect that the plaintiff voluntarily entered it in the public column without the defendant's consent, but it is not sufficient to acknowledge the fact that the above assertion was altered, and there is no other evidence to acknowledge it otherwise.
2. Grounds for appeal Nos. 2, 1, 1, 3, 1, 1, 1, 1, 1, 1, 1, 1, 1
2. According to the facts of finding the cause of the claim, the Defendant, barring special circumstances, shall pay to the Plaintiff the total of KRW 37,892,88 of the principal and interest of the instant loan and the provisional payment = 37,317,378 Won 575.