beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The co-defendant F of the first instance trial (hereinafter “F”) is the president of the B Co-Defendant F (hereinafter “B”) and the C Co-Defendant F (hereinafter “C”) who have overall control over the business affairs of the said Co-Defendant F (hereinafter “C”) that newly constructs and sells J apartments (hereinafter “instant apartment”).
B. On June 4, 2006, the Defendant concluded an apartment supply contract with B, 111, 805 of the instant apartment, and 304, 1402 of the instant apartment.
C. On June 19, 2006, the Promotion Mutual Savings Bank Co., Ltd. (hereinafter “Promotion Mutual Savings Bank”) concluded two loans agreements with the Defendant as indicated below (hereinafter “each of the instant agreements”), and accordingly, loans worth KRW 38,300,000 on a single day (hereinafter “instant loans”).
Since then, the maturity of each of the instant agreements continues to be extended one year on June 27, 201, and the maturity of each of the instant agreements was finally extended on April 15, 2012.
The credit amount (won) interest rate of the credit subject 18,90,000 per annum 125% per annum on June 19, 2007, 19,400 general loan 19,400,000 per annum 25% per annum on June 19, 2007.
F Around the time of each of the instant agreements, F jointly and severally guaranteed a loan obligation to the Promotion Savings Bank up to 301 worth KRW 5,971,00,000 to 301 of the buyers of the instant apartment units, including the Defendant’s loan obligations.
E. As of February 1, 2015, the balance of the principal and interest of the instant loan is KRW 69,132,334, including the principal amount of KRW 38,30,00,00 for delay damages, and KRW 30,832,334 for delay damages.
F. On May 20, 2013, the Promotion Savings Bank was declared bankrupt in Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed from the above court as the bankruptcy trustee of the Promotion Savings Bank on the same day.
[Ground of recognition] A.