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(영문) 수원지방법원 2016.07.08 2015가합69092
구상금
Text

1. The Defendant is 5% per annum from January 30, 2014 to April 19, 2016 to the Plaintiff.

Reasons

1. Indication of claim;

A. On October 8, 2009, Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”), Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”), Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”), and Yongnam Savings Bank Co., Ltd. (hereinafter “Ynam Savings Bank”) entered into a contract with the Defendant to lend KRW 17 billion to the Defendant. On October 9, 2009, on the following day, the Defendant paid the amount calculated by deducting the interest and fee from the agreed loan, and each payment made by the Loan Bank is as follows:

Loan Bank Agreements Loans (won) interest and commission actually paid in 5.70,000,000,000 won in Korea Savings Bank 5.00,000,000,0000,000 4,700,000,000,000 Gyeonggi Savings Bank Bank 4,000,000,000,000 3,760,000,000,000 3.180,000,000,000,000 in Yongnam Savings Bank 3,00,000,000,000 in total,820,000,000 17,190,000,0000,0000 in Korea Savings Bank 15,810,000,0005,0005

B. 1) The Defendant repaid only the principal amount of KRW 221,00,000 among the above loans to the lending bank, and thereafter the maturity of the above loan contract comes. On April 8, 2010, the lending bank and the Defendant entered into a loan extension contract with the lending bank to extend the maturity of KRW 16,779,00,000 on the same terms and conditions as the above loan contract. However, on the date of the date of the initial loan contract and the extension of the loan contract, the date of the above initial loan contract and the date of the above extension contract, and the Plaintiff’s employees seal affixed a seal without legitimate authority to represent the Plaintiff, forged the transaction and power and forged the transaction between the lending bank and the lending bank, and the Plaintiff paid the amount equivalent to the outstanding principal and interest of the loan where the Defendant did not repay the principal and interest of the loan to the lending bank. The Plaintiff acquired the principal and interest of the loan from the lending bank and paid damages for delay by 24% per annum in the event the Plaintiff did not pay the above amount.

3. After 3, the defendant.

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