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(영문) 서울중앙지방법원 2015.08.12 2012가합539820

대여금

Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against the Defendant L is dismissed.

2. Defendant Law Firm B, C, D, F, G, H, I.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “Nonindicted Bank”) is a savings bank aimed at receiving deposits and installment savings; Defendant C is an attorney-at-law working as the representative of Defendant B law firm (hereinafter “Defendant law firm”) from August 11, 201 to August 14, 201; Defendant D is from May 20, 200 to April 1, 201; Defendant G is from June 5, 2006 to April 201; Defendant H is comprised of attorneys-at-law from December 20, 2006 to November 26, 201; and Defendant I is from December 1, 2010 to December 17, 201 to December 20, 2006 to December 14, 2010 to December 14, 201, respectively. < Amended by Act No. 10373, Dec. 30, 201; Act No. 10373, Dec. 1, 2010>

B. On May 15, 2008, the Defendant law firm changed the name of the M (hereinafter “M”) and the N (hereinafter “N”) to the “O of the stock company,” and entered into a business agreement with M to support costs incurred in the process of litigation on defect repair claims, such as apartment buildings filed by the occupants of buildings and apartment houses against the project owner (contractor, executor, and guarantee company) and to preferentially pay in winning money (or agreement) after the performance of the lawsuit by the Defendant law firm as the legal representative. Accordingly, M loaned KRW 3,231,00,000 to N on a total of 41 occasions from May 15, 2008 to June 24, 2009.

C. After that, around September 2009, the Defendant law firm entered into a business agreement with the Nonparty law firm with the aim of subsidizing expenses incurred in the process of the lawsuit for defect repair claims, such as filing a lawsuit by the occupants of buildings and apartment houses with the Defendant law firm against the project undertaker (the contractor, executor, and guarantee company) to preferentially repay the expenses incurred in the lawsuit for defect repair claims. Accordingly, the Nonparty bank set the interest rate of 13% per annum with the Defendant law firm and the interest rate of 25% per annum with the Defendant law firm as shown in the attached Table 1.