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(영문) 부산지방법원 2015.04.23 2014가단99020

선급금반환

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 55,00,000 and KRW 50,000 among them, Defendant B shall be from August 20, 2014 to January 20, 2015. < Amended by Act No. 13030, Jan. 20, 2015>

Reasons

1. Indication of claim;

A. When Defendant B received KRW 50,00,000 from the Plaintiff on the condition that the Plaintiff collects scrap lamps, and it was impossible to remove scrap lamps, Defendant B, on August 19, 2014, prepared a certificate of borrowing KRW 50,000,000 from the Plaintiff on a yearly interest rate of 12% (payment of KRW 50,000 on January 31, 2005) (payment of KRW 24,50,000) from the Plaintiff, and Defendant C and D jointly and severally guaranteed the Defendant B’s loan obligation.

B. Meanwhile, on September 22, 2014, Defendant B borrowed KRW 5,000,000 from the Plaintiff.

C. Therefore, the Plaintiff brought about the claim of this case against Defendant C and D in order to seek a total of KRW 5,000,000 and interest thereon, delay damages, and Defendant C and D, a joint and several surety of Defendant B, for the aforementioned loan amount of KRW 50,00,000 and interest thereon and delay damages.

2. Applicable provisions;

A. B between the Plaintiff and the Defendant: Article 208(3)2 of the Civil Procedure Act (a)

B. Between the Plaintiff, Defendant C, and D: Article 208(3)3 of the Civil Procedure Act (by service by public notice)