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(영문) 수원지방법원평택지원 2015.03.27 2013가단18214

대여금 등

Text

1. The Plaintiff:

A. Defendant A and Defendant B jointly and severally share KRW 119,989,437 and KRW 119,769,193 among them.

Reasons

1. Facts of recognition;

A. Defendant A farming association corporation (hereinafter “Defendant A”) was established with the name of G farming association corporation around January 20, 201 and changed to its current name on May 4, 201 based on the Act on Fostering and Supporting Agricultural and Fisheries Business Entities (i.e., the Act on Fostering and Supporting Agricultural and Fisheries Enterprises) for the purpose of collaborative management of agriculture and agricultural products distribution business.

B. On June 17, 2011, the Plaintiff extended a loan of KRW 358,00,000 to the Defendant corporation with a fixed interest rate (hereinafter “instant loan”) or a loan of KRW 358,000,00,000 to the Defendant corporation (hereinafter “instant loan”). As a security, the Plaintiff completed the registration of creation of a neighboring mortgage of KRW 500,50,000 for the maximum debt amount of KRW 2,593 square meters owned by the Defendant corporation at Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, Daejeon District Court on June 17, 2011.

C. Upon delay in paying interest on the instant loan, the Plaintiff filed an application for a voluntary auction based on the foregoing right to collateral security and continued the auction procedure to Seosan branch of the Daejeon District Court. On October 30, 2013, the Plaintiff received dividends of KRW 269,378,838 in the said voluntary auction procedure.

Even after distribution in the above voluntary auction procedure, the total of KRW 119,769,193 and overdue interest of November 3, 2013 remains 119,989,437.

E. Defendant B jointly and severally guaranteed the repayment of the instant loans, etc. owed by the Defendant corporation to the Plaintiff. At the time of the instant loan, five members of the Defendant corporation, including Defendant B (representative director), Defendant C (director), Defendant D (director), Defendant E (director on August 26, 201), Defendant F (auditor on August 26, 201), etc.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 11 (including the number of branch offices) and the party's personal examination result against defendant Eul, and the purport of whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff’s assertion is based on the Agricultural and Fisheries Business Entities Act.