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(영문) 대전지방법원서산지원 2017.09.12 2017가단50114
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an unincorporated association, and B served as C water consultation employee from around 2005 to June 2015 as the Plaintiff’s accounting officer.

In 2006, the Plaintiff agreed to borrow part of the purchase price from the Defendant in order to purchase C City D land, which is a site for newly constructing a sexual wave.

B. On May 3, 2006, the Plaintiff, at the Daejeon Branch of the Defendant, set the amount of KRW 80 million on May 3, 2009, as the extension period expires and set on May 3, 2009, referred to as “the first loan”).

The Plaintiff received the total amount of principal and interest of the first loan from November 2006 to April 2008, and had B pay it to the Defendant. However, B made use of the fact that it is a C water consultation employee, and the same year.

4. On two occasions on 18.2 occasions, 150 million won out of the above 800 million won was electronically processed and corrected as if deposited in the Defendant’s account.

C. On July 30, 2009, B decided to obtain a loan of KRW 250 million from the Defendant with the amount of the loan-related construction funds prior to Sungsung, and the amount of the loan amount is set aside in the public space and the loan-related documents are drawn up, thereby arbitrarily stating the loan amount of KRW 450 million in the name of the Defendant and lending KRW 450 million from the Defendant (hereinafter “second loan”). Meanwhile, on November 5, 2013, B forged all the loan-related documents, and obtained a loan of KRW 240 million from the Defendant under the name of the Plaintiff (hereinafter “third loan”).

E. B extended the lending period from May 2009 to the first loan, and from July 2012 to July 2014, the Defendant issued a document for extension of the loan each year from July 2014 to the Defendant, and then arbitrarily prepared and submitted it to the Defendant.

F. Around July 2014, the Plaintiff agreed to obtain a loan of KRW 2.5 billion from the Nonghyup Bank Co., Ltd. (hereinafter “CFF”) under the name of the construction cost for the full-time construction.

B The Plaintiff.

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