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(영문) 대전지방법원 2017.09.22 2017가단203043
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 418,387,258 as well as KRW 210,00,000 among them, from September 23, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 25, 2008, Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) entered into a credit transaction agreement with the Defendant on the “comprehensive passbook loan” in the credit subject, the credit amount of KRW 120,000,000, the expiration date of the credit, June 25, 2009, the fixed interest rate of KRW 9% per annum 23% per annum, and the Defendant entered into a credit transaction agreement on the said content and affixed a seal thereon.

B. After that, the Korea Savings Bank established an additional agreement with the Defendant on June 25, 2012, which changes the credit limit to KRW 420,000 with respect to the said credit transaction agreement, and extends the expiration date of the credit to June 25, 2012.

(hereinafter referred to as “instant loan agreement,” in total of the above credit transaction agreements and additional agreements.

The obligations under the loan agreement of this case remaining as of September 22, 2016 are KRW 848,736,897 in the aggregate of KRW 426,04,691 in the loan principal and KRW 422,692,206 in the loan agreement of this case.

The Korea Savings Bank was declared bankrupt on February 28, 2013 by Daejeon District Court 2013Hahap2, and the plaintiff was appointed as the trustee in bankruptcy of the Korea Savings Bank.

[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 amount of KRW 418,387,258 (i.e., partial attempted principal of KRW 210,00,000 and KRW 208,387,258) and damages for delay calculated at the rate of 23% per annum from September 23, 2016 to the date of full payment, as agreed upon by the Plaintiff, to the Plaintiff, in the absence of special circumstances.

3. Judgment on the defendant's assertion

A. The defendant's assertion: (a) the defendant was working in the Korea Savings Bank in around 2008 and left the Bank around March 2008, and only upon the request of the Korea Savings Bank B, signed and sealed the loan agreement of this case; and (b) the defendant did not actually receive the loan.

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