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(영문) 광주지방법원 2016.08.18 2015가합4445
대여금
Text

1. The Defendant: (a) KRW 230,00,000 for the Plaintiff and the Plaintiff’s KRW 6.09% per annum from December 19, 2014 to December 30, 2014; and (b) December 2014.

Reasons

Basic Facts

A. On December 27, 2012, the Defendant visited the Non-Party Credit Union and asked about whether it is possible to grant a loan.

B. On December 27, 2012, the Defendant opened a new account with the account number D on December 31, 2012, and deposited KRW 230 million in the said account with the loan borrowed from the Nonparty Credit Union. On December 31, 2012, the Defendant entered the loan application form (Evidence 5), loan transaction agreement (Evidence 1), loan transaction agreement (Evidence 9), partner subscription application form (Evidence 9), and each new application form (Evidence 10, 11) made under the Defendant’s name with the documents related to the said loan.

(C) The loan of KRW 230 million on December 31, 2012 under the name of the Defendant is “the instant loan” and the said documents related to the instant loan are “the documents related to the instant loan” (hereinafter “the instant loan”).

As a security for the instant loan, the Plaintiff established a collateral on the amount of KRW 992 square meters, which is owned by the Defendant, the mortgagee, the Nonparty-mortgage, and the maximum debt amount of KRW 299 million, as well as the establishment of a collateral on the instant loan, and completed the establishment of a collateral on December 31, 2012 as the registration office of the Gwangju District Court No. 259355, Dec. 31, 2012.

Around January 8, 2015, Non-Party New Cooperatives sent to the Defendant a written confirmation of the balance of the loan amounting to KRW 230 million. Around January 27, 2015, Non-Party New Cooperatives sent a written demand to repay the said loan interest in arrears from December 19, 2014.

E. The interest rate on the instant loan agreement was 6.09% per annum from December 19, 2014 to December 30, 2014, from December 31, 2014, 5.73% per annum from December 31, 2014 to December 30, 2015, and 5.27% per annum from December 31, 2015.

F. On June 5, 2015, Nonparty 5 was merged with the Plaintiff.

(hereinafter) The fact that there is no dispute between Nonparty 2 and the Plaintiff (hereinafter referred to as “Plaintiff”).

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