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(영문) 서울중앙지방법원 2018.02.21 2017나10939
대여금
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. Judgment on the plaintiff's claim

A. Determination 1 on the cause of the claim) The Plaintiff loaned the Defendant a loan of KRW 630,00,000 on August 29, 2014 with the interest rate fluctuation rate, August 15, 204 with the maturity of KRW 630,00,00 as a loan for housing purchase, and with the installment repayment such as equal repayment method (hereinafter “first loan”), and ② on October 2, 2015, with the name of the household loan, KRW 35,000,000 as the name of the household loan, maturity of October 2, 2018, and with the installment repayment such as equal repayment method.

(2) The Plaintiff and the Defendant agreed not only to the agreement of each of the instant loans but also to be subject to the Defendant’s basic terms and conditions of banking loan transaction (for the purpose of lending) at the time of each of the instant loans.

B) Article 7(1) of the Framework Terms and Conditions for Credit Transactions of the Defendant provides that “When the debtor has been issued an order of seizure or a notification of disposition on default with respect to the secured property provided by the debtor, or when compulsory execution or a disposition on default has been commenced by other means,” each of the instant loans was made by the Defendant as security under Article 7(1)2 of the same Act, as a matter of course, without demanding and notifying the bank of all debts to the bank. The principal of the instant apartment was registered on October 23, 2015 under the name of the Defendant, and as of October 12, 2015, based on the disposition on default with respect to the national tax related to the seizure, the outstanding maximum amount of debt amount of KRW 370,000,000,000,000,000,000 won, 1.6,000,000 won under the name of the Plaintiff as of October 6, 206, 200.

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