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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
The defendant.
Reasons
1. Determination as to the cause of claim
A. Facts below the facts are without dispute between the parties, or can be acknowledged in full view of Gap evidence Nos. 1, 2, 4 through 6, Gap evidence No. 7-1 (a) and Eul evidence No. 7, and the purport of the whole pleadings.
(1) On December 30, 2005, Es Savings Bank Co., Ltd. (hereinafter “Es Savings Bank”) entered into a credit transaction agreement with the Defendant on December 30, 2005 to grant a loan of KRW 5.4 billion on a yearly basis and at the rate of 12% per annum and 25% per annum (hereinafter “instant loan”). Accordingly, the above loan was deposited in the Es Savings Bank account in the Defendant’s name.
After that, the Bank and the defendant extended the maturity of the above credit transaction agreement by December 30, 2007, and the borrower extended the maturity of the above credit transaction agreement until December 30, 2007.
6. The loan principal was not repaid on the next day, even though the payment was made only until the 29th day and the benefit of the time limit for the instant loan was lost.
Shes Savings Bank was declared bankrupt on September 26, 2012 by this Court No. 2012Hahap9, and on the same day, the Plaintiff was appointed from the above court as a trustee in bankruptcy of the Es Savings Bank, and taken over the instant lawsuit.
B. According to the above facts of recognition, the Defendant is obligated to pay damages for delay calculated by the rate of 25% per annum, which is the overdue interest rate from June 30, 2007 to the date of full payment, to the date of full payment, to the Plaintiff, pursuant to the scope of the Plaintiff’s appeal, barring any special circumstances.
2. Judgment on the defendant's assertion
A. The Defendant, who has failed to pay the loan, did not actually pay the loan of this case to the Defendant, the borrower, and did not issue the deposit passbook to the Defendant.