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(영문) 서울중앙지방법원 2015.10.07 2015가단5093255
대여금
Text

1. The defendant shall pay 530,000,000 won to the plaintiff and 22% per annum from June 5, 2009 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 5, 2008, the Bankrupt Future Savings Bank Co., Ltd. (hereinafter “BE Savings Bank”) extended a loan of KRW 2.2 billion to the Defendant on September 5, 2009 at the due date for payment of KRW 10 billion per annum, 10% per annum, and 22% per annum.

(hereinafter “instant loan”). (b)

On June 5, 2009, the Defendant lost the benefit of time by delaying the payment of interest on the instant loan.

C. As of February 15, 2015, the remainder of the principal of the instant loan as of February 15, 2015 is KRW 1.56,082,002; interest and delay damages are KRW 2.425,05,748; or the Plaintiff claims for payment of KRW 5.3 million, which is part of the balance of the principal of the relevant loan, and damages for delay from June 5, 2009.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 and 6 evidence, the 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 agreed damages calculated at the rate of 22% per annum from June 5, 2009 to the date of full payment, which is part of the balance of the loan principal of this case, and the agreed damages for delay calculated from June 5, 2009 to the date of full payment.

3. Judgment on the defendant's assertion

A. Inasmuch as the Plaintiff borrowed the name of the loan upon the request of the representative director of S&C Co., Ltd., and the future savings bank was aware of these circumstances, the instant loan agreement is null and void as a false conspiracy. 2) There is no evidence to acknowledge that the instant loan agreement is a false conspiracy.

Even if the above loan agreement is false and false as alleged by the Defendant, the Plaintiff, a trustee in bankruptcy of the future savings bank, constitutes a third party under Article 108(2) of the Civil Act, which practically has a new legal interest on the basis of the legal relationship formed externally in accordance with the false and false conspiracy, and there is no evidence to acknowledge that all bankruptcy creditors knew that the loan agreement in this case is invalid as the false and false conspiracy.

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