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(영문) 서울고등법원 2018.01.26 2017나2040700
대여금
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. The Plaintiff is an association of the producers and processors of tin, established to carry out collaborative projects by promoting the sound development of the production and processing business of tin and promoting the promotion of welfare among the members of tin.

Among the plaintiff's work, the business loans to members are also included.

B. The Korea Industrial Complex Co., Ltd. (hereinafter “Korea Industrial Complex”) is a company that aims at mine development projects, tiny fertilizer manufacturing and sales business, etc., and is the Plaintiff’s member.

C. The defendant was established on December 24, 2003 and became a member of the plaintiff on December 27, 2005.

On October 25, 2004, the company of Korea requested the Plaintiff to pay KRW 100 million, and the Plaintiff lent KRW 100 million to the company of the same day.

However, the plaintiff deposited the loan into the defendant's account at the request of the Korean company.

E. On February 18, 2005, the company of Korea requested the Plaintiff to provide the funds of KRW 400 million, and the Plaintiff lent KRW 400 million to the company of Korea on the same day.

On the same day, a KRW 400 million was withdrawn from the Plaintiff’s account, and A deposited KRW 400 million into the Defendant’s account.

F. On December 7, 2005, the body of Korea requested the Plaintiff to provide the funds of KRW 20 million, and the Plaintiff lent KRW 20 million to the body of the same day.

However, the plaintiff deposited the loan into the defendant's account at the request of the Korean company.

G. After becoming a member of the Plaintiff, the Defendant requested support funds to the Plaintiff several times, and the Plaintiff set annual interest rate of 10.7% and lent a total of KRW 473,400,000 to the Defendant as follows.

Loans of 30 million won on January 25, 2006 and 20 million won on March 13, 2006, 200,000 won on March 28, 2006 and KRW 10,000,000 on April 19, 2006; and KRW 25,000,000 on June 15, 2006; and KRW 5,000,000 on June 30, 206; and KRW 20,000 on September 30, 200, KRW 10,000 on September 25, 2006; and KRW 10,000 on September 25, 200, 200; and KRW 10,000 on September 10, 200; and

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