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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. Prior to the declaration of bankruptcy, A Co., Ltd. (hereinafter “A”) loaned KRW 95 million to the Defendant, who worked as a director on November 4, 2008, at the rate of 9% per annum on November 3, 2009 (hereinafter “instant loan”). The interest rate on the instant loan was changed from July 1, 2009 to 8.5% per annum.
B. The Defendant withdrawn from A on October 31, 2009, and A was paid KRW 47 million out of the instant loans on April 27, 2012, and on April 30, 2014, the sum of the principal and interest of outstanding loans was KRW 76,292,658 (i.e., the principal and interest of KRW 48,000,000 until April 30, 2014).
C. On February 16, 2015, A was declared bankrupt by Seoul Central District Court 2015Hahap10010, and the Plaintiff was appointed as a trustee in bankruptcy on the same day and taken over the instant lawsuit.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the principal amounting to KRW 76,292,658 (=interest of KRW 28,292,658 up to April 30, 2014) and KRW 48,00,000 among the interest amounts of KRW 48,00,000 from May 1, 2014 to June 30, 2014, the delivery date of the original copy of the instant payment order, the agreement rate of KRW 8.5% per annum from May 1, 2014 to June 30, 2014, and delay damages calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day
3. Judgment on the defendant's assertion
A. First of all, the defendant asserts that the loan of this case is null and void as a false conspiracy because the defendant is the debtor of the loan of this case only externally in order to receive the loan from the E and the vice president, the controlling shareholder, the representative director, and C of A, and the actual debtor is E and C, and A is well aware of the above facts.
In this regard, the witness of the first instance court, the witness of the first instance court, and the stock company of the court of the first instance.