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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. (1) Around 2006, the Defendant entered into a credit transaction agreement with the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) in relation to the new construction project of Gangseo-gu Busan Metropolitan Government and C (hereinafter “D Apartment”) (the name of the contract is “supply contract” or “sale contract”) and entered into a credit transaction agreement with the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”).
(2) Meanwhile, on May 20, 2013, the Promotion Savings Bank was declared bankrupt by the Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as a trustee in bankruptcy.
B. E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”), which carried out a new apartment construction project of this case, for which the Defendant entered into a false sales contract on the apartment of this case, began to sell the apartment of this case from March 2006, but the sale rate was low. The G, etc., which practically operated E and F, solicited false buyers to recruit, increase the sale rate and planned to use them as construction funds by using a false sales contract as a contract deposit and intermediate payment at a financial institution at the same time, and entered into a false sales contract under the name of the Defendant, including the Defendant (hereinafter “Defendant, etc.”).
C. (1) On July 27, 2006, the Defendant entered into a credit transaction agreement with the Promotion Savings Bank (hereinafter “the instant credit transaction agreement”) and borrowed from the Promotion Savings Bank the amount of KRW 19.4 million as the loan for the instant apartment house sales contract, with the interest rate of KRW 12%, the interest rate of KRW 12%, and the interest rate of delay damages rate of KRW 25% per annum. The extension of the credit period thereafter was extended until July 27, 201.
(2) The Defendant’s obligation to pay the principal and interest of loan under the instant credit transaction agreement (hereinafter “instant loan obligation”) is March 2016.