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(영문) 서울중앙지방법원 2018.08.10 2018나3044
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. Basic facts

A. The defendant, around 2006, shall be entitled to the "D Apartment" in Gangseo-gu Busan Metropolitan Government B and C (hereinafter "the apartment of this case").

(3) The contract form for sale in connection with the new construction project (the name of the contract is “supply contract” or “sale contract” for convenience.

(1) The Promotion Savings Bank Co., Ltd. (hereinafter referred to as “Promotion Savings Bank”) shall be prepared and based thereon.

(2) On the other hand, 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.

B. E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”), which carried out a new apartment construction project of this case, for which the Defendant entered into a false sales contract for the apartment of this case, began to sell the apartment of this case from March 2006, but the sale rate was low. G, etc., which practically operated E and F, recruited false buyers and planned to use them as construction funds by receiving a loan from a financial institution for the purpose of contract deposit and intermediate payment, etc. at the same time by using a false sales contract, at the same time, using a false sales contract with the Defendant and other parties.

C. On July 27, 2006, when concluding a credit transaction agreement with the Promotion Savings Bank, the Defendant borrowed 18,900,000 won as the loan for the instant apartment complex from the Promotion Savings Bank at the annual interest rate of 12% per annum and 25% per annum. After extending the term of credit, the term of credit extended on August 19, 201 is April 15, 201, and the interest rate and compensation rate for delay set the same as the previous credit transaction agreement and newly concluded a credit transaction agreement and received the substitute loan (hereinafter “the instant loan”).

(2) The Defendant on October 19, 201)

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