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(영문) 서울중앙지방법원 2017.04.05 2016가합545212

청구이의

Text

1. Of the instant lawsuits, the part demanding the denial of compulsory execution with respect to KRW 146,069,460 is dismissed.

2. The defendant.

Reasons

1. The basic facts are companies whose main purpose is food trade business, agricultural and livestock products trade business, grain wholesale and retail business, etc., and the defendant is D, the representative director of the plaintiff.

D transferred totaling KRW 230,000,000 to the Plaintiff on November 23, 2015 and November 25, 2015 and December 1, 2015, where the financial situation of the Plaintiff Company is difficult.

D transferred a loan claim of KRW 230,00,000 against the Plaintiff to the Defendant, and as the representative director of the Plaintiff, written a notarial deed of debt repayment contract (Quasi-Loan for Consumption) No. 118 (Quasi-Loan for Consumption) with the following content in the name of the Plaintiff as the representative director of the Plaintiff.

On June 10, 2016, the Plaintiff approved that the Defendant bears the obligation of KRW 230,000,000 as the amount of credit transfer and takeover, and offered to the Defendant for payment in accordance with the following provisions.

Article 2 (Period of Repayment) The principal shall be repaid by June 23, 2016.

No interest shall be accrued. If the obligor has lost the benefit of the time limit or the time limit after the time limit, the obligor shall pay damages for delay at the rate of 10% per annum from the time when the principal and interest are fully paid thereafter.

No. 3. 7,471,511 2.8 August 31, 2016: 10,193; 32,000; 32,00,000; 34,524 E; 64,181,60; 7. 30,60,000; 8. 8. 16. 40; 8. 8. 40; 8. 16. 30; 8. 40; 8. 40; 8. 16. 4; 8. 40; 8. 16. 5. 208; 8. 30; 6. 4. 15. 205; 34,681; 688. 1, 290; 8. 196. 186. 208