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(영문) 서울중앙지방법원 2014.02.19 2013가단5084394
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 15, 2013, Seoul Mutual Savings Bank (hereinafter referred to as the "Seoul Mutual Savings Bank") is a corporation established under the Mutual Savings Banks Act with its mutual credit fraternity business, etc. for its business purposes, which was declared bankrupt on September 26, 2013 by the Financial Services Commission and appointed the Plaintiff as its bankruptcy trustee on the same day after receiving an order to suspend its business from the Seoul Central District Court on September 26, 2013. The Defendants are the employees of Seoul Mutual Savings Bank, and there is no dispute between the parties.

2. The assertion and judgment

A. On August 21, 2009, the gist of the cause of the claim: (a) the Plaintiff lent the money stated in the purport of the claim to the Defendants as a general loan; and (b) the Defendants clearly expressed their intent of refusal of performance on April 19, 2013; (c) thus, the Plaintiff cancelled each of the above loan agreements and claimed the payment of the principal of each of the above loans and the damages for delay after April 19, 2013.

B. According to the evidence Gap's evidence Nos. 1 and 6 (including paper numbers), the defendants prepared a credit transaction agreement with the purport of receiving loans from the Seoul Mutual Savings Bank, and a new subscription form for shares of the Seoul Mutual Savings Bank. However, if Gap's evidence Nos. 2 and Eul's evidence Nos. 1 through 12 were added to the whole purport of the pleadings, Seoul Mutual Savings Bank decided to grant capital increase of 10 billion won around August 2009, it allocated KRW 1,320,000 to employee stock ownership association. Seoul Mutual Savings Bank and employee stock ownership association decided to grant capital increase of 1,320,000 won to the above allocation amount as loans of the Seoul Mutual Savings Bank. Accordingly, employee stock ownership association concluded a loan contract with the Seoul Mutual Savings Bank on August 21, 2009, and established a pledge against the Seoul Mutual Savings Bank with respect to all the above common employee stock ownership association shares allocated as security for the above loans.

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