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(영문) 서울중앙지방법원 2017.09.25 2015가합566809

부당이득반환 등

Text

1. The Defendant’s KRW 834,600,000 as well as 5% per annum from November 3, 2015 to September 25, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Around 2008, ASP Holdings Co., Ltd. (hereinafter “debtor”) entered into a construction contract with the Defendant at KRW 13,000,000,000, the contract price for the construction of the composite sports center (hereinafter “instant facilities”) on the land outside Seo-gu, Gwangju, Seo-gu, and six parcels.

(hereinafter “instant contract”). (b)

On June 27, 2008, the debtor company entered into a credit guarantee agreement with the Credit Guarantee Fund and the credit guarantee amount of KRW 9,000,000,000 with the credit guarantee fund to guarantee general facility loan obligations of KRW 10,000,000 to the debtor's National Agricultural Cooperative Federation (hereinafter "CF"), and on June 30, 2008, Nonghyup entered into a credit guarantee agreement with the debtor company to lend the loan of KRW 10,00,000 to the debtor company with the general facility loan, the credit limit amount of KRW 10,00,000,000 with the credit guarantee amount of KRW 10,000 (hereinafter "the credit transaction agreement of this case"). < Amended by Presidential Decree No. 23383, Jun. 30, 2008; Presidential Decree No. 23283, Jun. 24, 2011>

C. On June 30, 2008, the debtor company filed the first loan application amounting to 30% of the high interest rate of the facility of this case with the No.C. on June 30, 2008. The debtor company received the payment of construction cost of KRW 3,900,000 from the debtor company as of June 30, 2008, with the purport that the debtor company deposited KRW 1,500,000 with the defendant company as of June 30, 2008. The debtor company submitted a copy of the passbook in the deposit account in the name of the defendant stating the details of the deposit account deposit amounting to 1,50,000,000 won with the debtor company as of June 30, 2008, agricultural cooperatives calculated in accordance with the above high interest rate of loan 1,120,000 won with the debtor company as of June 30, 200 (the loan 130,000 won x x 300%.

(b).