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(영문) 대구지방법원 2015.07.10 2013가단1409
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 23, 2009, the Plaintiff’s summary of the Plaintiff’s assertion (hereinafter “Plaintiff’s Treasury”) (hereinafter “Plaintiff’s Treasury”) provided loans to the Defendant on a yearly basis with KRW 11 million interest rate of KRW 100 million, KRW 19% per annum for delay, and KRW 23, 2012 for due date.

Therefore, the defendant is obligated to pay the above principal of the loan, the agreed interest thereon, and damages for delay to the plaintiff.

2. Determination as to whether the Defendant assumes the obligation to repay the loan as the borrower of the above loan

A. 1) According to Article 29 of the Community Credit Cooperatives Act on June 2009 of the Plaintiff’s Treasury’s loan limit, a community credit cooperative may not make a loan to the same person in excess of the larger amount between 20/10 of the total amount of investment and reserve funds or 1/100 of the total assets. The loan amount is KRW 406,572,832 (total assets 40,657,283,239 x 1/100). C had already been granted a loan of KRW 473,00,000 from the Plaintiff’s Treasury at the time of the loan (as of March 28, 2006, KRW 160,000, KRW 268,000, July 12, 2006, KRW 450,280,239) and KRW 1/100 of the loan amount to the same person (as of August 25, 2007, KRW 300).

3) The Plaintiff’s Treasury shall grant additional loans by avoiding restrictions on the lending limit to the same person by means of preparing a loan agreement expressed by the Defendant, etc. as the principal debtor on five occasions as indicated below (the loan agreement indicated by the Defendant as the principal debtor in the form of a principal debtor as listed in paragraph 5 below).

1.3.6

The loan agreement was prepared in the sub-council room with only the defendant who lent the name D, E, C, and E when preparing the loan agreement.

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