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(영문) 창원지방법원 2015.06.25 2014나11080

대여금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant is the plaintiff's successor's 1,16,945,222 won and its importance.

Reasons

1. Basic facts

A. On August 19, 2002, A Co., Ltd. (hereinafter “A”) received from the Korea Land Corporation the sales price of KRW 3,624,120,000 from 3,624,000 (hereinafter “instant sales contract”) for the 3,624,120,000 (hereinafter “instant sales contract”) and agreed to return to A the amount calculated by deducting the contract deposit amount of KRW 362,412,00 from the cost of restoring ownership and the cost of restoring ownership, if the instant sales contract is cancelled due to a cause attributable to A, the Korea Land Corporation entered into an agreement with A to return to A the remaining amount after deducting the legal interest from the cost of restoring ownership.

B. The Plaintiff and A as a security for A to obtain a loan from the Plaintiff on March 29, 2004.

As stated in paragraph (1), A entered into a contract with the Plaintiff to transfer a claim equivalent to KRW 1,573,000,000, total of KRW 1,170,000 and KRW 403,00,000 (hereinafter the above claim amounting to KRW 1,170,000,000 to KRW 1,573,000,00,000, and the above claim amounting to KRW 403,00,00 to the Plaintiff.

C. According to the above transfer contract, the Plaintiff and A prepared a notice of and written consent to the assignment of claims in two copies, and sent them to the North Korean branch office prior to the Korea Land Corporation by facsimile of the Plaintiff. The North Korean Land Corporation branch office prior to the Korea Land Corporation prepared a written consent to the acceptance of the assignment of claims and then sent it to the Plaintiff by mail

A written consent (A evidence 13-1, 200, hereinafter referred to as the "written consent of March 29, 2004") states the subject and amount of credit as "90,000,00 won" and the period of credit as "three years," but the date of acceptance is stated as "3,00,000,000" with the indication of the amount of transfer and the amount of transferred bonds, and the remaining written consent (A evidence 13-2, 2004; hereinafter referred to as "written consent of September 1, 2004") are written as "310,00,000,000", the indication of transferred bonds, as "Seoul-gun, 204," and the date of acceptance".

The above, 204.