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(영문) 수원지방법원 2017.07.04 2016가단534701

차용금청구의 소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. At the time of October 2, 2006, D Representative E, D President F, and Defendant B entered into a collective agreement with the following contents (hereinafter “member agreement”).

(A) Name: D representative: F (Signature) address: Name (Omission): Name (Omission) (B) above D representative and President A, and B shall enter into an agreement between both parties, with the following agreements: (a) above D representative and President B; (b) above D representative and President;

Article 1:B shall pay Party A as a security deposit on October 2, 2006.

Article 2:The above contract shall be one year from October 2, 2006 to October 2, 2007, and shall be deemed to have been automatically concluded if there is no new content in the re-contract between A and B.

Article 3:B shall have the responsibility for the management and operation of the loan in good faith.

Article 4:A A may notify a member of a collective agreement, if B is unable to perform his/her duties under Article 3.

B. At the time of the conclusion of the instant membership agreement, F provided that Defendant B “a member need to be a member in order to work immediately in D,” and Defendant B responded to the agreement by Defendant B, which stated that “a member would be a member with KRW 100 million and, instead, a member would be a member and a member would be a member with KRW 100,000,000, and the monthly interest on KRW 100,000 was paid.”

C. On the date of entering into a membership agreement of the instant case, F provided Defendant B with “a KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

hereinafter referred to as "the loan certificate of this case"

. I agree that the borrowed amount of KRW 100,000 (100,000,000) has been regularly borrowed.

Creditors on October 2, 2006: Obligor: Joint and Several sureties: C

D. The Plaintiff was the legal spouse of Nonparty F, and on May 9, 2007, the agreement was married by agreement. On July 25, 2012, the Plaintiff reported marriage again on July 25, 2012, but on July 2016.