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(영문) 부산지방법원 2015.01.09 2014나45741
대여금
Text

1. Revocation of a judgment of the first instance;

2. As to the Plaintiff’s KRW 28,945,783 and KRW 25,00,00 among them, the Defendant shall on February 2012.

Reasons

1. Facts of recognition;

A. On November 29, 2007, B Co., Ltd. (hereinafter “B”) entered into a credit transaction agreement with the Defendant to lend KRW 25,000,000 (hereinafter “instant loan agreement”).

B. B deposited the loan into a deposit account opened in the name of the defendant pursuant to the instant loan agreement on November 29, 2007.

C. The current status of the credit comprehensive and the details of the general loan transactions prepared by B are written as follows: (a) the maturity date of the instant loan agreement on November 29, 201; (b) the interest rate is 11% per annum; and (c) the rate of delay damages is 21% per annum.

On November 23, 2011, the Plaintiff acquired the claim under the instant loan agreement from B in accordance with the decision of the Financial Services Commission on November 23, 201, and on November 24, 2011, the Plaintiff publicly announced the summary of the said decision on the transfer of contracts and the fact of the transfer of contracts in two daily newspapers in accordance with Article 14-2(2) of the Act

E. As of February 20, 2012, the principal of the instant loan is KRW 25,00,000, and the loan interest rate is KRW 3,945,783.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10, 12 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 21% per annum, which is 21% per annum, from February 21, 2012 to the date of full payment, as requested by the Plaintiff, with respect to the principal and interest of the instant loan (25,00,000 won) and the principal of the loan of KRW 25,00,000,000, out of which, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated from February 21, 2012 to the date of full payment.

3. Judgment on the defendant's defense

A. 1) The gist of the assertion of false conspiracy 1) The instant loan agreement is that B is a stock company C (hereinafter “C”).

Since only the defendant's name was lent to illegally operate a specific business by establishing a corporation, it is invalid as it constitutes a false conspiracy mark. 2)

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