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(영문) 서울중앙지방법원 2011.11.11 2011가합30784
대여금
Text

1. The defendant social welfare foundation A, B, D, and E are jointly and severally liable to the plaintiff for KRW 1,500,000,000 and the corresponding amount from June 6, 2008.

Reasons

1. Basic facts

A. The Plaintiff (the Busan FFF credit union prior to the merger on December 15, 2008) is a financial institution for the purpose of lending funds to its members, etc. The Defendant Social Welfare Foundation A (hereinafter “Defendant A”) is an incorporated foundation established for the purpose of implementing social welfare business and welfare business for the aged, and the Defendant Incorporated Foundation C (hereinafter “Defendant C”) is an incorporated foundation established for the purpose of enhancing the F’s endure and maintaining and preserving the contributed property, and realizing the development and welfare business of G religious organizations.

around 2006 to 2007, Defendant B was in the position of the president of G Religious Organization, the representative director of Defendant A, and the director of Defendant C, and Defendant E was in the position of the secretary general of Defendant B’s secretariat due to Defendant B’s friendship. Defendant D was in the position of the director of Defendant A and Defendant C.

B. The Plaintiff entered into a transaction agreement with Defendant A (the representative director B at the time), and Defendant B on loans (hereinafter “the instant loans”) as follows, and Defendant D and E jointly and severally guaranteed each of the loans of Defendant A.

(1) On July 27, 2006, the loan limit of KRW 700 million, the date of loan commencement, September 1, 2006, the expiration date of the loan period of January 27, 2007, the interest rate of KRW 12% per annum, the maximum interest rate of KRW 22% per annum on September 15, 2006, the date of loan extension of KRW 300 million, the date of loan commencement, September 15, 2006. The date of September 27, 2007, the date of loan extension of KRW 12% per annum, the interest rate of KRW 12% per annum, the maximum interest rate of KRW 22% per annum, the date of loan extension of KRW 50 million, November 10, 2006, the expiration date of the loan period of KRW 22% per annum, the interest rate of KRW 27% per annum, the date of loan expiration of the loan period of KRW 21% per annum.

C. Pursuant to each of the instant loan transaction agreements, the Plaintiff loans KRW 700 million to Defendant A around September 1, 2006, KRW 300 million around September 15, 2006, and KRW 500 million around November 10, 2006, respectively.

【In the absence of dispute, Gap 1, 2, and Eul 1 (including each number; hereinafter the same shall apply).

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