대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The C consumer cooperatives, which entered into the instant monetary loan contract (hereinafter referred to as the “cooperative”), are non-profit corporations established for the purpose of establishing and operating nursery facilities, medical facilities, etc. under the Consumer Cooperatives Act, and operated the C consumer cooperatives (hereinafter referred to as the “Evalescent Hospital”) in the building on the D’s ground (hereinafter referred to as the “instant building”) in Busan Northern-gu (hereinafter referred to as the “Evalescent Hospital”), and the F was the representative director of the cooperative and the E convalescent hospital (cooperative).
On April 28, 2009, the Plaintiff prepared a certificate of loan of KRW 120,000,000 and interest of KRW 25% per annum with F, who is the president of the Evalescent Bank (Union), and transferred KRW 120,000,000 to the bank account in the name of F, over April 28, 2009 and April 30, 2009.
On May 8, 2009, the Plaintiff transferred KRW 10,000,000 to the bank account in the name of his wife G, and KRW 25,000,000 on July 3, 2009, and KRW 40,000 on January 25, 2010 to the bank account in the name of F.
On April 12, 2010, the Plaintiff prepared a certificate of borrowed money of KRW 70,000,000 and interest rate of KRW 25% per annum with the president F of the Evalescent (Union) around April 12, 2010. On the same day, the Plaintiff issued cashier’s checks of KRW 70,000,000 at face value under the Plaintiff’s name G and issued them to F.
On April 12, 2010, the Plaintiff prepared a certificate of borrowing KRW 270,00,000, interest rate of KRW 30% per annum between the Plaintiff and the Union, and on the same day, drawn up a notarial deed as to the said monetary loan loan contract with H No. 439, 2010, written by a notary public H.
(hereinafter “instant loan contract for consumption”). On November 20, 2012, the occurrence of the instant dispute, etc., a cooperative, etc. was revoked by the head of Busan Metropolitan City on the grounds of failing to comply with a corrective order under Article 81(5) of the Consumer Cooperatives Act, and the cooperative filed a lawsuit seeking revocation of establishment authorization, but lost on June 21, 2013 (Seoul District Court 2012Guhap559). The said judgment was rendered around that time.