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(영문) 광주지방법원 2014.11.28 2014나2125
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff 1,52,037 won and its related amount on June 14, 2013.

Reasons

1. On August 11, 2001, the Plaintiff received a loan (hereinafter “the first loan in this case”) on September 16, 2004 at the maturity of the payment period of KRW 50 million from the Gu Do Do Do Do Gun Fisheries Cooperatives (hereinafter “Gu Do Do Do Gun Gun”) and paid it to the Defendant. On August 13, 2001, the Defendant deposited KRW 45 million out of the above money in the account of C Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun Gun

On July 5, 2004, when the first loan of this case was due, the Defendant had the Plaintiff obtain a loan of KRW 35 million from the Sudon on July 5, 2009 with the credit guarantee of the Agricultural Credit Guarantee Fund for Farmers and Fishermen (hereinafter referred to as the “Agricultural Credit Guarantee Fund”) as security, with the payment period of KRW 35 million at 5% (hereinafter referred to as the “first loan of this case”). On the same day, the Defendant paid KRW 35 million out of the first loan of this case to Sudon, and paid KRW 10 million in addition, on December 9, 2005.

In addition, on December 13, 2005, the defendant had the plaintiff obtain a loan of 5 million won from the above Suhyup as collateral for the credit guarantee for the Agricultural Credit Guarantee for the Agricultural Credit Guarantee, with the maturity of 11.5% per annum on December 13, 2006 and the interest rate of 11.5% (hereinafter "the first loan of this case"). On the same day, the defendant repaid the balance of the first loan of this case with the above money, and completed the repayment of the first loan of this case.

Since then, while the defendant was managing the first and second loans of this case, he paid the principal and interest, the defendant paid the first loans of this case as of October 4, 2006. Finally, with respect to the second loans of this case, he did not pay the above principal and interest as of December 29, 2006.

As the principal and interest of loans of this case were not repaid from time to time, 18,69 won out of loans of this case 1 on August 17, 2010 was disposed of against the Plaintiff’s deposit claims and paid additional amounts, and pursuant to the request for consultation, the Agricultural Credit Union on April 28, 201.

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