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Reasons
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(영문) 울산지방법원 2015.01.28 2014가합3067
구상금 등
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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Summary of the cause of claim;

A. On May 20, 2008, the Plaintiff borrowed KRW 250,000,000 from the Agricultural Center, and instead of using KRW 100,000,000 among them, the Defendant agreed to pay the principal of the loan amount of KRW 100,000,000 and interest thereon (hereinafter “the first agreement”). On December 31, 2008, the Plaintiff borrowed KRW 200,000,000 from the Agricultural Center, and instead, the Defendant used KRW 150,000,000 among them, the Defendant agreed to pay the principal of the loan of KRW 150,00,000 and its interest (hereinafter “the second agreement”).

B. However, among the interests under the first agreement, the Defendant did not pay interest for 27 months from October 2010 to April 2014. Of the interest under the second agreement, the Defendant did not pay the interest for 68 months from September 2009 to April 2014.

C. Accordingly, the Plaintiff paid 14,580,000 interest for 27 months out of the interest accrued under the first agreement (i.e., monthly interest of 540,000 x 27 months) and the interest accrued under the second agreement (i.e., 43,648,000 interest for 44 months (i.e., monthly interest of 992,000 x 44 months) to the Agricultural Cooperatives on behalf of the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 250,00,000 (= KRW 150,000,000) and the interest on substitute payment of KRW 58,228,00 (= KRW 14,580,648,000) plus KRW 308,228,000 (= KRW 250,000,000).

2. Determination on this safety defense

A. The defendant asserts that the plaintiff's lawsuit of this case is in violation of the non-prosecution agreement, and thus, the plaintiff's claim of this case should be dismissed as illegal because there is no benefit of protection of rights.

(2) In full view of the purport of the entire pleadings, the following facts are recognized in each entry of Eul evidence Nos. 1 to 3 (including each number; hereinafter the same shall apply).

① On October 25, 2012, the Plaintiff against the Defendant is the Ulsan District Court.

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