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(영문) 대전지방법원 2017.02.15 2016나104713
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On May 8, 2008 and August 18, 2008, Korea-U.S. Mutual Savings Bank (hereinafter “Korea-U.S. Mutual Savings Bank”) concluded a credit transaction agreement with the borrower as follows (hereinafter “the credit transaction agreement of May 8, 2008”), and the credit transaction agreement of August 18, 2008 (hereinafter “the second credit transaction agreement of this case”).

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 (23% per annum) on the loan limit of 300,000,000 won per annum (23% per annum) on May 8, 2009, and 11% per annum (23% per annum) on the loan limit of the general loan of the credit department on August 18, 2008, the expiration date of the loan of August 18, 2009.

B. After that, the expiry date of the credit transaction agreement of the instant case was extended until May 8, 2012.

On the other hand, on June 28, 2011, Korea Savings Bank concluded an additional agreement to increase the lending limit of the first credit transaction agreement of this case to KRW 500 million with the borrower as the defendant.

(hereinafter referred to as “instant additional arrangement”). C.

As of October 5, 2014, loans under the Credit Agreement No. 1 of this case remains in total of KRW 402,604,087, and KRW 322,780,132, the interest and late payment fees plus KRW 725,384,219, and the loans under the Credit Agreement No. 2 of this case remains in total of KRW 300,000,000, interest and late payment fees, and KRW 210,38,168.

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, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is issued to E Co., Ltd. (hereinafter "E") whose representative director is the defendant's identification card, seal imprint certificate, certificate of personal seal impression, and resident registration abstract in relation to each credit transaction agreement and additional agreement of this case, or the defendant's identification card.

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