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1. The defendant shall pay 46,758,784 won to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
Reasons
1. Facts of recognition;
A. On January 8, 2009 between the Smaman Savings Bank and the Defendant: Loans for general funds, amount of loans: 200,000,000 won due: January 8, 2010; interest rate: 13% per annum (for delayed damages, 19% per annum) was prepared.
B. On March 23, 2009, Sama Savings Bank was paid interest on the above loan until March 23, 2009. On June 29, 2010, the principal was paid KRW 200,000,000, but the interest was paid from March 24, 2009 to June 28, 2010, the sum of KRW 46,127,634 and the expenses for debt collection was not paid KRW 631,758,784.
C. On April 29, 2014, the Swiss Savings Bank was declared bankrupt by Seoul Central District Court 2014Hahap53 on April 29, 2014, and the Plaintiff was appointed from the above court as a trustee in bankruptcy and taken over the instant legal proceedings.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. Determination
A. On the other hand, the defendant only issued a seal or a certificate of seal to the same student, and the above credit transaction agreement was forged, and thus, the plaintiff asserts that the defendant does not bear any obligation under the credit transaction agreement.
However, in light of the fact that the Defendant appeared on the second date for pleading of the instant case and issued a seal imprint certificate and a certificate of personal seal to the same students, and stated that the Defendant revoked the criminal complaint regarding the private document aiding and abetting, the Defendant’s assertion that the said credit transaction agreement was forged cannot be accepted.
Therefore, the defendant is obligated to pay the remaining loans to the plaintiff according to the credit transaction agreement.
B. As to the defendant's defense, the defendant repaid the principal amount of 200,000,000 on the condition that overdue interests are hot, and also Smaman Savings Bank Co., Ltd.