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(영문) 서울중앙지방법원 2015.04.23 2014나48049
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Around 2004, G Housing Association, the president of which is F, demanded the Defendant to enter into a loan agreement with the Plaintiff for the payment of the intermediate payments in order to raise the funds by carrying out a new apartment construction project on the ground of H in Yangyang-si, Namyang-si.

B. Accordingly, on May 4, 2004, the Defendant entered into a loan transaction agreement with the Plaintiff on housing funds (hereinafter “instant loan agreement”). The main contents of the instant loan agreement are as follows.

1) Loan subjects: KB Housing Fund (types of intermediate payment: intermediate payment 2.0 million won: Interest rate of 118.8 million won: Interest rate of loan implementation 3 months: Documentary evidence, high interest rate, and acquisition by follow-up security: The purpose and necessary amount are verified and implemented in installments according to the criteria separately determined by the bank. (C) The Plaintiff paid the loan amount of KRW 58 million (first and second intermediate payment) to the Han Gak Construction Co., Ltd. designated as the loan recipient on May 4, 2004, KRW 6310,00 (third intermediate payment) on June 16, 2004. Meanwhile, as of November 22, 2013, the obligations under the loan agreement of this case include the amount of outstanding principal collected 79,636,848,371,375,370,3714, 375, 37, 37, 47, and 47, and 15 of the total overdue interest rate of the Bank Agreement.

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the principal and interest of KRW 133,470,147 as well as the principal and KRW 79,636,880 as from November 23, 2013, barring any special circumstance.

3. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant is the member of the non-party union at the time of the loan agreement of this case, and the F and the plaintiff to receive the intermediate payment loan.

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