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(영문) 대구지방법원김천지원 2016.09.21 2015가단7912
대여금
Text

1. As to KRW 70,147,287 and KRW 70,00,00 among them, the Defendant shall annually pay to the Plaintiff KRW 70,147,287 from October 15, 2015 to November 2, 2015.

Reasons

1. Facts of recognition;

A. From January 2, 2014, the Defendant served as the head of the Incheon Livestock Industry Cooperatives (hereinafter “In Incheon Livestock Industry Cooperatives”)’s branch office.

B. On July 21, 2015, the Plaintiff loaned a loan of KRW 70 million to the Defendant as of July 21, 2015 with interest rate of KRW 3.2% per annum and due date on July 21, 2018. As a special agreement, the Plaintiff agreed to the effect that “if the Defendant retires from his/her workplace during the period of this agreement, during which he/she is in office as of the date of this agreement, he/she shall immediately notify the Plaintiff of the fact, and that the repayment shall be made immediately on the date of

C. On September 17, 2015, the Defendant was subject to disciplinary dismissal from office by the Personnel Committee for the Incheon Livestock Consultation.

The defendant filed a claim against the Incheon Livestock Cooperative for nullification of dismissal, etc. under the Incheon District Court 2016Gahap413, but was sentenced to a judgment against the Incheon District Court on July 12, 2016, and the defendant appealed and is still pending in the appeal court.

E. As of October 14, 2015, the principal of the above loan is KRW 70 million, and the unpaid interest is KRW 147,287.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of determination, it is reasonable to view that the period for repayment of the above loan obligation against the Plaintiff on September 17, 2015, upon which the Defendant was subject to disciplinary dismissal disposition, arrived at the Plaintiff on September 17, 2015. Thus, the Defendant is obligated to pay to the Plaintiff the Plaintiff the total amount of KRW 70,147,287 (= principal amount of KRW 70,000,000) and the above borrowed principal of KRW 70,00,000,000 among them, the amount of KRW 70,000 from October 15, 2015 to November 2, 2015, which is the delivery date of the original copy of the instant payment order, 3.2% per annum, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to

3. According to the conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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