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(영문) 대전지방법원 2015.04.17 2014나103860

대여금반환청구 등 의 소

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Defendant B is the representative of Defendant A’s assembly (hereinafter “Defendant church”); Defendant C is the wife of Defendant B; Defendant C was the co-defendant D is the person who was in charge of the part of the company in charge of the finance of the Defendant church; Defendant B is the mother of Defendant D of the first instance trial co-defendant E.

B. On August 28, 2009, the Plaintiff entered into a credit transaction agreement with the Defendant church with the following contents (hereinafter “instant credit transaction agreement”).

- Details of credit transaction agreement - Credit (credit type): General loan (credit loan) amount: 400 million won starting date of credit extension / expiration date of the credit period: Interest rate on September 1, 2009 / 2009 : A change in interest rate on September 1, 2012 (Selection of Article 3 (2) 2 of the Framework Agreement on Credit Transactions): Minimum 15% per annum or highest 21% per annum (Article 5 (5) of the Credit Transaction Agreement).

C. On August 28, 2009, Defendant B, C, and C Co-Defendant D, and E submitted to the Plaintiff a certificate of personal seal impression in the name of the Defendant B, C, and the first instance trial co-Defendant D and E, which were directly issued on the same day when concluding a joint and several surety contract with the limit of guarantee amount of KRW 520 million on the obligation owed by the Defendant church to the Plaintiff by the Plaintiff.

On September 1, 2012, the Plaintiff loaned KRW 400 million to the Defendant church’s account under the instant credit transaction agreement.

E. The loan principal of the Defendant church based on the instant credit transaction agreement as of November 30, 2012 is KRW 398,202,391.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 4, 5, 7 (including each number; hereinafter the same shall apply), Gap evidence Nos. 9, 10, Eul evidence Nos. 3, 7, and 8, and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant church is the principal debtor of the credit transaction agreement of this case. Defendant B and C as joint and several surety of the credit transaction agreement of this case, as joint and several surety of the first instance trial co-defendant D and E, and as to the unpaid credit transaction principal amounting to KRW 398,202,391, as well as this, from November 30, 2012.