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(영문) 서울중앙지방법원 2017.10.20 2016나78563
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. The following facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence 1 to 13, and 18, by taking into account the overall purport of the pleadings:

Since March 2006, E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”), which were implementing a new construction project for the Gangseo-gu Busan Metropolitan Government “D Apartment” (hereinafter “instant apartment”), began to sell in lots, but the sale rate was low. G, etc., which actually operated E and F, planned to recruit false buyers, increase the sale rate, and at the same time, planned to use them as construction funds, etc. with a loan from a financial institution by using a false sales contract for a contract deposit, intermediate payment, etc., and prepared a false sales contract, etc. by lending the name of the Defendant and other parties.

B. On September 22, 2006, when entering into a credit transaction agreement with the Defendant, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) leased KRW 18,90,000 per annum 12% per annum, delay damages rate per annum, 25% per annum, and the expiration date of the credit without setting forth the terms of the loan for the sales contract of the instant apartment purchased from E.

(hereinafter referred to as the “instant credit transaction agreement,” and the relevant loan (hereinafter referred to as the “instant loan”) C.

On August 19, 2011, the Defendant applied to the Promotion Savings Bank for the extension of the due date of the credit and extended the due date of the credit to April 15, 201 by obtaining a refund loan on an exchange basis.

From October 19, 2011, the Defendant delayed payment of interest, and the principal and interest of the instant loan is KRW 36,907,502 in total as of August 5, 2015 (i.e., overdue interest of KRW 18,900,000, etc.).

E. Meanwhile, the Promotion Savings Bank was declared bankrupt on May 20, 2013 by Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

2. The cause of the action.

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