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(영문) 서울중앙지방법원 2016.06.02 2015나49094
대여금등
Text

1. Revocation of a judgment of the first instance;

2. As to KRW 384,505,995 and KRW 250,00,000 among the Plaintiff, the Defendant shall make January 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On July 1, 2013, the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”) was declared bankrupt on July 1, 2013 by the Seoul Central District Court No. 2013Hahap88, and the Plaintiff was appointed as a trustee in bankruptcy.

B. The defendant is a cooperative for the purpose of land readjustment and rearrangement project in Jung-gu Incheon Metropolitan Government, which received project implementation authorization on July 13, 2002 under the former Land Readjustment and Rearrangement Project Act (repealed by Act No. 6252, Jul. 1, 2000; hereinafter "former Land Readjustment and Rearrangement Project Act").

C. On February 7, 2012, the Defendant borrowed a loan of KRW 4 billion from the Korea Savings Bank Co., Ltd. and the Gyeonggi Savings Bank (hereinafter “the instant council’s resolution”), following the resolution of the 44th council (hereinafter “the instant council’s resolution”), on February 10, 2012, with a maturity of August 10, 2012 with a general loan loan from the Gyeonggi Savings Bank, 10% per annum, and 22% per annum with a overdue interest rate of KRW 4 billion.

(hereinafter “instant loan agreement”). D.

The defendant's articles of association stipulate the power of the board of representatives as follows:

Article 21 (Matters to be Resolved by General Meeting) The following matters shall undergo a resolution of the General Meeting:

3. Method and interest rate of borrowing the tea's wages, and Article 25 (Authority of Board of Representatives) (1) The board of representatives may deliberate and resolve on the matters other than the following matters, among the matters to be resolved at the general meeting prescribed in Article 21 of this Articles of association:

1. Selection and appointment of executive officers (the head of the association, directors, and auditors);

2. Amendment of articles of association;

3. Changes in business plans (excluding changes in business plans following changes in zones);

4. Facts that there is no dispute over matters concerning the merger or dissolution of the cooperative (excluding the dissolution of the cooperative after the completion of liquidation), the entry in the evidence Nos. 1 through 5 (including virtual numbers), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings;

2. The parties' assertion and judgment

A. The plaintiff allegedly pays part of the principal and interest of the loan that the Gyeonggi Savings Bank lent to the defendant.

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