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(영문) 창원지방법원 통영지원 2017.02.14 2015가단8178
피해금액 및 정신적보상청구
Text

1. The Plaintiff’s principal amounting to KRW 81,750,000 based on a credit transaction agreement on November 27, 2014 and interest thereon.

Reasons

Basic Facts

On November 2014, the Plaintiff is required to pay the investment deposit to the Construction Mutual Aid Association in order to obtain a comprehensive construction business license.

D. hereinafter referred to as “C” only

(C) On July 11, 2014, construction companies, such as the Plaintiff, entered into an entrustment contract for loan recruitment business with the Defendant and engaged in the business of soliciting investment goods to be paid to the Construction Mutual Aid Association. On November 24, 2014, D and E, the head of the Defendant’s credit headquarters, were the representative director of the Plaintiff’s office. The Plaintiff is the Plaintiff’s loan interest rate of KRW 85 million per annum (27% per annum on the date of payment of interest), interest rate of arrears rate of KRW 15 million per annum (27% per month on the date of payment of interest), February 27, 2016 (hereinafter “instant agreement”). The obligation under the instant agreement is the obligation of this case.

A) In addition, the Plaintiff entered into an additional agreement with the Construction Mutual Aid Association to pay KRW 13 million in four installments prior to the due date, and the Plaintiff, without the Defendant’s consent, would lose the benefit of KRW 85 million for the loan when the Plaintiff redeems the investment deposit from the Construction Mutual Aid Association. The Defendant is entitled to the Plaintiff’s future claim for the full amount of the investment deposit to the Plaintiff’s Construction Mutual Aid Association (hereinafter “instant refund claim”). In order to secure the return of the said loan on the same opportunity, the Defendant is

(1) The Plaintiff entered into an assignment contract with the terms of transfer, and received all documents to exercise the refund claim of this case in advance from the Plaintiff.

The Plaintiff, through C on November 27, 2014, paid KRW 130,816,040, which he/she directly raised from the Defendant, to the Construction Mutual Aid Association KRW 85,000,000.

On April 27, 2015, the Plaintiff transferred interest 1,082,876 won to the Defendant’s account, and each of the loan interest accrued from December 2014 to May 2015.

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