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(영문) 서울서부지방법원 2018.02.22 2017나39010
추심금
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. C-building housing association (hereinafter “C-building housing association”) is a association established for the reconstruction of Mapo-gu Seoul Metropolitan Government C.

The plaintiff was the head of the partnership from May 2002 to June 26, 201, and the defendant was the spouse of the non-party union D and was the head of the non-party union.

B. On June 30, 2006, the members, including the Plaintiff and D, obtained loans worth KRW 3380,000,000 from our bank and community credit cooperatives in their personal names (in case of D, KRW 107,521,80, 300,000 from our bank, and KRW 107,521,80,000 from our bank), and re-loans to the non-party association.

C. On September 29, 2008, the non-party union remitted to the Defendant KRW 16 million (hereinafter “the instant money”).

On December 10, 2014, the non-party union filed a lawsuit with the Plaintiff seeking delivery of documents related to the union.

On October 30, 2015, the plaintiff filed a counterclaim against the non-party union to seek remuneration, etc., and was sentenced to a partial winning judgment on October 30, 2015 (Seoul Southern District Court Decision 2014Da114955, 205781 (Counterclaim) to the effect that "the non-party union shall pay to the plaintiff 30,400,000 won per annum from January 6, 2010 to October 30, 2015, and the amount equivalent to 20% per annum from the next day to the day of full repayment," and the non-party union and the plaintiff shall be sentenced to a favorable judgment of 205% per annum from the next day to the day of full payment (the non-party union shall be dismissed, and the non-party union shall be paid to the plaintiff 10,100,000 won and the amount equivalent to 20% per annum from March 25, 2016 to the day of full payment)."

E. The plaintiff is against the defendant of the non-party union.

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