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(영문) 부산지방법원 2016.05.31 2015가단223967
대여금
Text

1. The defendant's KRW 1,000,000 and its portion among the plaintiff

A. From December 31, 2010 to March 26, 2011, KRW 300,000.

Reasons

1. Basic facts

A. On August 16, 2012, the Plaintiff was declared bankrupt on August 16, 2012 by Busan Savings Bank Co., Ltd. (hereinafter “Bankruptcy Bank”), and the Plaintiff was appointed as the bankruptcy trustee of the Bankrupt Bank on the same day.

B. 1) The bankrupt bank and the defendant loans money between the bankrupt bank and the defendant 1) The bankrupt bank set up a credit transaction agreement and an additional agreement, respectively, through three times as listed below (hereinafter collectively referred to as the "loan of this case").

A) The credit transaction agreement prepared at the time of the expiration of the term of credit term as of the date of the instant loan agreement is in blank. However, in light of the fact that the Defendant’s application for the loan signed and sealed by the Defendant stated “12 months” or “60 months” in the “loan Period” column, and based on this, the instant loan was executed between the bankrupt bank and the Defendant following the internal examination of the bankrupt bank, it appears that there was an implied agreement between the bankrupt bank and the Defendant at the time that the period of loan was 12 months or 60 months from the date of the agreement. The amount of loan (one comprehensive passbook loan loan per annum per annum on March 26, 2010) was extended on March 26, 2010 to the “the expiration date of the credit term on March 26, 2011.”

5,000,000,000 general loan 20% on May 3, 2010, general loan 3, 2010% on general loan 4,000,000,000 on May 3, 2015 (10% on May 10, 2015, 6,000,000,000 on May 10, 2015) the Defendant, at the time of the instant loan, did not perform the obligation on the expiration date of the credit period or lost the profits under Article 7 of the Basic Terms and Conditions for Credit Transactions by a mutual savings bank, paid damages for the balance from that time on the credit amount. (c) The Defendant paid damages for delay to the balance of the credit amount.

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