(영문) 인천지방법원 2015.08.21 2013나21468

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(영문) 인천지방법원 2015.08.21 2013나21468

대여금

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Determination as to the cause of claim

A. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of each of the statements in Gap evidence Nos. 1, 4, 5, and 7 (a) and each of the statements in Gap evidence Nos. 5-2 through 4, Gap evidence Nos. 6-2 through 5, Gap evidence Nos. 7-2 through 7-6, and Eul evidence Nos. 9.

1) The ES Savings Bank (hereinafter “ES Savings Bank”) prior to the declaration of bankruptcy.

(2) On June 30, 2004, the Defendant and the Defendant set a loan of KRW 2.5 billion on June 30, 2005, with the agreed interest rate of KRW 12% per annum and KRW 25% per annum on June 30, 2005 (hereinafter “instant loan”).

(B) prepare a credit transaction agreement to the effect that the loan was made and accordingly deposited in the account in the name of the Defendant for the AS Savings Bank (Account Number B).

Afterwards, Es Savings Bank and the defendant extended the maturity of the above credit transaction agreement on September 20, 2005, August 31, 2006, and March 30, 2007 on three occasions, and the last maturity was June 30, 2007, and the borrower had the same year.

5. The principal of the loan was not repaid on the following day, even though the loan was made only until 17.17.

2. On September 26, 2012, Es Savings Bank was declared bankrupt by the Incheon District Court 2012Hahap9, and the Plaintiff was appointed from the above court as a trustee in bankruptcy of Es Savings Bank on the same day and taken over the instant lawsuit.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum, which is the overdue interest rate from June 30, 2007 to the date of full payment, which is the expiration of the credit period, as the Plaintiff’s interest rate of 2.5 billion won and the date of final payment of interest thereon, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. The defendant, who has no obligation, is the borrower, and the Es Savings Bank is the borrower.

유사 판례

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-서울중앙지방법원 2017.02.02 2016가합22184

-인천지방법원 2016.07.20 2015가합54857