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(영문) 서울중앙지방법원 2019.03.12 2018가단5128121

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff asserted that the Plaintiff was the president of the D Association (hereinafter “Association”), and the Defendants were directors of the Association.

From August 31, 2009 to October 20, 2010, the Plaintiff spent 145,290,000 won in total with the funds of the Plaintiff’s individual. On October 19, 2010, the Plaintiff entered into a monetary loan agreement with the Plaintiff whereby the period of loan for consumption and the period of loan for consumption and the interest rate of 9.6% per annum from October 19, 2010 were to be paid to the Plaintiff.

At the time, 7 executives of a cooperative, including the plaintiff and the defendants, sign a monetary loan contract prepared with the intent of joint and several sureties, and jointly and severally guaranteed the above loan obligations against the plaintiff of the cooperative.

Therefore, as a joint and several liability obligation, the Defendants are jointly and severally liable to pay to the Plaintiff the amount equivalent to 1/7,755,714 won, excluding the amount equivalent to 20,755,714 won for the Plaintiff who is a joint and several liability joint and several liability, and the interest or delay damages calculated at the rate of 9.6% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 19, 2010 to the date on which a sentence is rendered.

2. In full view of the purport of the entire pleadings in the statement No. 10 of the judgment, it can be acknowledged that the Plaintiff and the partnership have entered into a monetary loan contract with the content asserted by the Plaintiff, and that five directors including the Defendants, and five auditors and auditors have signed their positions and names at the bottom of the contract.

However, according to the statement in Gap evidence 10, the above monetary loan contract provides that the plaintiff and the union shall conclude a monetary loan contract, and the plaintiff and the union's personal information are printed at the end, and the officers, including the defendants, signed as above, shall be the union's obligations.