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(영문) 서울중앙지방법원 2018.06.14 2016가합566103
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B An agricultural partnership was established on May 14, 2003 pursuant to Article 15 of the former Framework Act on Agriculture and Rural Community (amended by Act No. 6997 of Dec. 11, 2003) for the purpose of engaging in the management of farmers, fishermen, and livestock products, and the processing and sale of agricultural and livestock products.

B. From January 25, 2010 to April 1, 2011, the Plaintiff loaned a total of 600 million won to the instant corporation at the rate of 9% per annum, the 23th day of each month, the due date of payment of interest, and the due date of payment March 31, 2013 as shown in the following table, and the respective agreements were changed to 8% per annum and the due date of interest payment as the 21st day of each month.

(Unit) On January 25, 2010, 201.4. 26. 201. 4. 26. 20, 2010. 5,000,000 5,000,000 on September 3, 2010; 5,000,000; 30,000,000,000 on September 3, 201;

C. The Plaintiff filed a lawsuit against the instant legal entity seeking the cancellation of a loan agreement concluded between the Plaintiff and the instant legal entity and the return of KRW 600 million for restitution, on the ground that the instant legal entity refused to repay the loan prior to the maturity of the said loan, with the Daegu District Court’s Sung Branch Branch 201Ga374, and that the instant legal entity refused to repay the loan.

On September 25, 2012, the above court rendered a judgment that "the corporation of this case shall pay to the plaintiff 60 million won, 5% per annum from April 22, 2011 to September 25, 2012, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive.

(D) The debt owed by the instant corporation to the Plaintiff in accordance with the above judgment is “the debt of the instant loan.”

On June 5, 2015, the instant legal entity was ordered to dissolve a legal entity under the Daegu District Court’s Branch Branch Order 2015 non-conforming 1, and was dissolved on June 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5, and arguments.

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