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(영문) 광주지방법원해남지원 2014.01.21 2012가단6643
대여금
Text

1. The Defendant’s KRW 42,152,037 as well as the Plaintiff’s KRW 11,52,037 among the period from December 28, 2012 to June 13, 2013.

Reasons

1. Basic facts

A. On August 11, 2001, the Plaintiff was granted a loan of KRW 50 million (hereinafter “the first loan in this case”) to the Defendant on September 16, 2004, with the due date set from the Gu Do Do Do Do Gun Fisheries Cooperatives (hereinafter “Gu Do Do Do Gun”) as the due date (which shall be extended to September 16, 2005).

On August 13, 2001, the Defendant deposited KRW 45 million out of the above money into the account of C Co., Ltd. (hereinafter “Nonindicted Company”).

B. On July 5, 2004, the Defendant had the Plaintiff obtain an additional loan (hereinafter “instant first loan”) of KRW 35 million out of the first loan of this case on the same day, with the repayment due date set by the credit guarantee of the Agricultural Credit Guarantee Fund for Farmers and Fishermen (hereinafter “Agricultural Credit Guarantee Fund”) as collateral and the interest rate of KRW 5 million at the rate of July 5, 2009 and KRW 35 million at the rate of 5% per annum. In order to repay the first loan of this case, the Defendant additionally repaid KRW 35 million among the instant first loan of this case on the same day.

Meanwhile, on December 13, 2005, the Defendant had the Plaintiff borrow a loan of KRW 5 million (hereinafter “the first loan of this case”) from the Suhyup Bank with the maturity of repayment on December 13, 2006 and the interest rate of KRW 11.5% per annum on December 13, 2006. On the same day, the Defendant repaid the remaining amount of the first loan of this case with the above money, and repaid the first loan of this case.

C. Since then, the defendant paid interest on October 4, 2006 with respect to the first loan of this case among the loans of this case 1 and 2 in direct management of the first and second loans of this case. Finally, on December 29, 2006, the defendant paid interest on the second loan of this case, and finally, on December 29, 2006, did not pay the above principal and interest.

On the other hand, on August 17, 2010, KRW 18,699 was paid off with the Plaintiff’s deposit claim.

On the other hand, the Suhyup has caused a credit guarantee accident because the principal and interest of the case was not fully repaid.

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