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(영문) 대전지방법원 2016.10.04 2015가단218072
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2009, Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) concluded a credit transaction agreement with the Defendant (the changed name prior to the change Korea Co., Ltd.) and carried out the loan after concluding a credit transaction agreement with the following contents.

(hereinafter referred to as “instant loan”): Amount of credit extended (limit): 1.1 billion won credit expiration date: Interest rate on December 30, 2010: 12% per annum: 23% per annum.

B. The Korea Savings Bank was subject to business suspension by the Financial Services Commission on May 6, 2012, and was declared bankrupt by this court on February 28, 2013, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. The parties' assertion and judgment

A. 1) The Plaintiff did not repay the instant loan up to now, and on February 4, 2015, the Defendant is obligated to pay to the Plaintiff 1,618,00,000 won in total and 1,099,652,095 won in interest and overdue interest as of February 4, 2015, and 518,347,905 won in interest and overdue interest. Thus, the Defendant is obligated to pay to the Plaintiff 1,618,00,000 won in total and 23% in interest and interest per annum from February 5, 2015 to the day of full payment. 2) The Defendant sold the real estate collateral for the Defendant’s loan, and fully repaid the principal and interest of this case as the price.

B. The facts of recognition 1) A on December 23, 2010, the Defendant is the Dongdaemun-gu Seoul Metropolitan Government Land and Building B (hereinafter “instant real estate”).

(2) The Korea Savings Bank: (a) purchased KRW 2.95 billion; (b) paid the down payment of KRW 1.75 billion at the time of the contract; and (c) paid the intermediate payment of KRW 1.1 billion on December 30, 2010; and (b) entered into a real estate sales contract and an overall contract for business transfer and takeover (business related to real estate and corporate transfer and takeover contract) with the payment of KRW 1.1 billion on March 4, 2011; and (c) the Korea Savings Bank C received KRW 90 million on December 30, 2010 as the Defendant’s repayment of the loan and gave it to A.

3 Korea Savings Bank shall be the Korea Savings Bank on January 2009.

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