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(영문) 부산지방법원 2016.11.03 2015가단231760
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 143,10,000 and the interest rate of KRW 15% per annum from October 3, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. In around 2003, the Plaintiff became aware of the Defendant while providing loan counseling with the Defendant who was the head of Busan Livestock Industry Cooperatives (hereinafter “C branch office of the Busan Livestock Industry Cooperatives”) located in the same building at the time while operating the Institute of Art Research in Busan Seo-gu, Busan.

B. From May 12, 2003 to July 28, 2011, the Defendant offered convenience for the Plaintiff to obtain a total of KRW 988,000,000 from the Busan Livestock Cooperative through six occasions, and around June 2012, the Defendant joined the Plaintiff as a partner who is not eligible to become a member of the Association, thereby allowing the Plaintiff to receive benefits such as dividend interest rate.

C. The Defendant also lent KRW 50,000,000 in the name of D on June 22, 2006 and KRW 50,000,00 in the name of E on February 22, 2007, and was fully paid the principal and interest of the loan. In other words, around February 23, 2011, the Defendant lent KRW 60,000,000 to the Plaintiff and received KRW 90,000 per month as the agricultural bank account (H) around September 13, 2013, and received KRW 1,950,000 as of April 14, 201.

Meanwhile, the Plaintiff paid KRW 13,50,000 per month from July 2, 2007 to April 1, 2008, as indicated below at the Defendant’s request, in total, KRW 13,50,000 per month from July 2, 2007 to April 1, 2008, and paid KRW 30,000 as principal repayment, from May 6, 2008 to the remainder of KRW 100,00 as interest for KRW 1,20,000 each month from March 1, 2015.

The Busan Bank account (I) in the name of Busan Bank account (I) 13,500,000,000 won from July 2, 2007 to April 1, 2008 1 to April 1, 2008 30,000,000 won in the principal repayment of 30,000,000 to March 28, 2008 from May 6, 2008 to May 4, 2012, 1,200,000 won in the above Busan Bank account under the name of 60,00,000 won in the interest payment of 1,50,000,000 won in the above Busan Bank account under the name of 0,000,000,000 won in the interest payment of 0,000,000 won in the name of 13,30,000 won in the name of Busan Bank on March 14, 2004

E. The defendant is the same as the above B/C.

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