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1. It is confirmed that the Plaintiff’s obligation under a loan transaction agreement with the Defendant on November 10, 2004 does not exist.
Reasons
1. Facts of recognition;
A. On October 27, 2003, the Plaintiff joined the Defendant’s Treasury and served until July 31, 2014.
B. On November 10, 2004, Nonparty C, the president of the Defendant’s credit cooperative, made a proposal to the effect that “In order to enter into the instant loan transaction agreement under the name of the Plaintiff and to use the loan in repaying the overdue interest of the Defendant’s credit cooperative, etc.,” which can be used at the employees’ meeting, for the purpose of settling overdue interest, etc. against overdue debtors in order to settle the settlement of accounts in 2004 and lower the overdue interest rate of the Defendant’s credit cooperative, Nonparty C, the president of the Defendant’s credit cooperative. The loan obligations under the instant loan transaction agreement will be repaid by the Defendant’s credit cooperative’s settlement of expenses, and will not be affected by
C. On November 10, 2004, the Plaintiff accepted the above proposal of C, and prepared a loan transaction agreement with the content that the Plaintiff was granted a loan of KRW 30 million from the Defendant’s Treasury as interest rate of KRW 7.5% per annum and November 10, 2006.
(hereinafter “instant loan transaction agreement”). D.
On November 10, 2004, a loan of KRW 30 million under the loan transaction agreement of this case was deposited into a new deposit account (Account Number D) at the time when the Plaintiff entered the Defendant’s depository, and was deposited in cash on the same day. On November 11, 2004, KRW 28,111,760 out of the amount was deposited into the Defendant’s depository as the repayment of the interest and overdue interest of the Defendant’s depository, the debtor in arrears.
E. Around that time, the Plaintiff: (a) delegated the preparation of a notarial deed of a monetary loan agreement to F, an employee of the Defendant’s depository, to borrow KRW 30 million per annum; (b) 7.5% per annum; (c) 18% per annum; and (d) November 10, 2006; and (c) accordingly, on November 26, 2006, a notary public drafted the said notarial deed in the Daejeon General Law Firm; and (d) G, a debtor in arrears of the Defendant’s depository, under the said monetary loan agreement.