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(영문) 광주지방법원 2018.07.06 2017나3457
대여금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed in entirety.

Reasons

1. Basic facts

A. A, on May 18, 1995, borrowed KRW 100,00,000 from a limited partnership fund and mutual savings bank and finance company, Defendant, limited liability company B, and D on May 18, 200; the repayment date; and the interest rate of KRW 16.5% per annum; and the delay compensation rate of KRW 20% per annum.

(hereinafter referred to as “the first loan claim of this case”). B.

A was loaned KRW 300,00,000 from a limited partnership company and a mutual savings and finance company in the same day on May 18, 1998; the repayment date; the interest rate of KRW 16.5% per annum; and the delayed compensation rate of KRW 20% per annum.

(hereinafter referred to as “instant loan claim 2”). C.

A was loaned KRW 100,00,000 from the Mineyang Mutual Savings and Finance Company, May 19, 1995, with the interest rate of KRW 16.5% per annum, and the delayed compensation rate of KRW 20% per annum, from the Mineyang Mutual Savings and Finance Company, the joint and several sureties, the redemption date of which is May 19, 200, and the repayment date of which is 20% per annum.

(hereinafter referred to as the “third loan claim of this case”). D.

A was loaned KRW 300,00,000 from the Mineyang Mutual Savings and Finance Company Co., Ltd. on the same day with joint and several sureties, the repayment date on May 19, 198, the interest rate of KRW 16.5% per annum, and the delayed compensation rate of KRW 20% per annum.

(hereinafter referred to as “the instant loans 4”). E.

On June 16, 1997, a limited partnership company Sungyang Mutual Savings and Finance Company was merged with Gwangju Mutual Savings and Finance Company and dissolved, and it received the succession of the claim to A from the Gwangju Mutual Savings and Finance Company, and the Mineyang Mutual Savings and Finance Company changed its trade name to the Gwangju Mutual Savings and Finance Company on April 25, 1997. On March 16, 1998, the Korea Mutual Savings and Finance Company changed its trade name to the Seongbuk Mutual Savings and Finance Company, and on February 26, 2002, the Sung Mutual Savings and Finance Company changed its trade name to the Plaintiff.

(B) On May 3, 2006, the Plaintiff as a principal obligor and the Defendant as to May 3, 2006.

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