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(영문) 대구지방법원 2016.01.22 2015가단112679
대여금
Text

1. As to KRW 50,254,807 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff the year from June 10, 2015 to January 22, 2016.

Reasons

1. Basic facts

A. The Defendant is a corporation established on April 9, 2014 to carry on a business of selling food materials and supplies for agricultural products.

The plaintiff is an individual entrepreneur who engages in plastic retail business with the trade name "E" in Daegu Northern-gu, D market A 49 of the 1st floor in D market, and joined the defendant union as a member when investing KRW 80 million in the defendant union.

B. The Defendant Union received a loan of KRW 50 million from each financial institution between eight members including the Plaintiff and the Defendant Union, and paid the principal and interest thereof to the Defendant Union, and the Defendant Union agreed to pay the principal and interest thereof.

Accordingly, on May 21, 2014, the Plaintiff received a loan with a loan of KRW 50 million from the Daegu Bank from May 21, 2014 to May 20, 2015, interest rate of KRW 2.03% from May 21, 2014, interest rate of KRW 3 months, and interest rate of KRW 6% from the loan interest rate if the overdue period of less than three months is less than three months, and the loan interest rate of KRW 7% in the case of the overdue period of not less than three months.

C. When the members of the Defendant Union raise an objection against the F’s business performance by the president, G, the father of the Plaintiff, was audited by the Defendant Union between January 3, 2015 and January 13, 2015, and the audit report was prepared, and the attached list of the investment amount stated “the Plaintiff’s cash contribution amounting to KRW 80 million, the loan contribution amounting to KRW 50 million, and the total amount of KRW 130 million.”

On January 20, 2015, the Plaintiff withdrawn from the Defendant Cooperative on January 20, 2015 with the president’s opinion. On May 20, 2015, the expiration date of the said loan term, F presented to the Plaintiff a letter of loan to the effect that “F borrowed money in the name of the Plaintiff without the title of the Plaintiff on May 20, 2015: the loan principal of the Daegu Bank: KRW 10,000,000: the due date: the interest payment period: May 20, 2016: (a) the due date: (b) the obligor borrowed money under the

E. On June 9, 2015, the Plaintiff repaid KRW 50,254,807 ( principal KRW 50,000,000) to the Daegu Bank ( KRW 254,807).

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6.

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