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(영문) 광주지방법원 2017.04.28 2016나58283
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 21, 2005, the Plaintiff, who was a public official belonging to the female viewing, was loaned KRW 50,000,000 from the Defendant.

(hereinafter “instant loan”). B.

The loan of this case is a product under which the Public Official Pension Service and the Defendant notify the Defendant of the application for retirement benefits of the public official granted a loan pursuant to an agreement between the public official pension Service and the Defendant, and the Plaintiff was granted the loan of this case with a letter of recommendation issued by the leisure market.

C. At the time of the instant loan, the Plaintiff prepared and delivered a written statement to the Defendant as follows.

(hereinafter referred to as “each of the instant notes”). Each of the (for the purpose of financing public official’s household loans), the president of the NA branch, in obtaining a public official household loan from your Association and repaying his obligations, shall not be written in the documents submitted to your Council, and shall, until the loan is fully paid, undertake to perform in good faith the following:

C. Foods

1. If this loan is retired before the full repayment, the remaining amount of the loan shall be preferentially repaid, and if it is impossible to repay in full, the receiving financial institution of the principal’s retirement benefit (including retirement allowances; hereinafter the same shall apply) shall designate the receiving financial institution of the retirement benefit (including retirement allowances; hereinafter the same shall apply) as a return to repay the loan. If it is possible to do so, it would not raise an objection against the discharge of the principal’s retirement benefit receipt account at will from the Public Official Pension Management Corporation.

3. In addition to the above terms and conditions, if a meeting is requested to return due to the occurrence of a cause for the loss of interest within the period prescribed in the Framework Terms and Conditions for Credit Transactions and the Loan Agreement, the principal shall repay the loan preferentially from his various benefits or retirement benefits.

D. Meanwhile, on June 27, 2013, the Plaintiff applied for credit recovery support to the Credit Counseling and Recovery Commission. The Credit Counseling and Recovery Commission applied for credit recovery support on October 10, 2013.

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