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(영문) 서울중앙지방법원 2017.04.06 2015가합568669

대여금

Text

1. The Defendant’s KRW 31,00,000 as well as 12% per annum from August 12, 2015 to March 28, 2017 to the Plaintiff.

Reasons

(2) On July 18, 2013, the Defendant prepared a cash custody certificate to lend KRW 300 million from the Plaintiff as follows (hereinafter “instant cash custody certificate”).

Japan's KRW 300 million (1) The above amount shall be kept in full, and the date of return shall be until December 31, 2013 (2) the thickness shall be set up in C, if necessary, and shall be part of the monthly interest.

B. On December 3, 2013, the Defendant prepared the loan certificate of this case with the purport of lending KRW 500 million from the Plaintiff as follows (hereinafter “the loan certificate of this case”).

The principal shall be paid in cash at the address of the creditor by 12% per annum on March 31, 2014 on the date when the payment period of the principal is due, e.g. 500,000,000).

(or) Loss of benefit under the due date (deposit in the creditor's name)* When the debtor and the joint guarantor have failed to pay interest twice or more, * when there is a serious change in property * when there is a violation of the other provisions of the other agreement, the interest and principal shall be paid immediately without notice.

Other* The joint and several sureties is jointly and severally liable for the performance of the principal obligation.

* All expenses incurred in relation to this claim, such as notarial expenses, shall be borne by the obligor.

* Lawsuits arising from civil or criminal problems on this claim shall be at the competent court of the obligee’s domicile.

C. On August 11, 2015, the Plaintiff received a total of KRW 535,00,000 from the Cheongju District Court D, and each E court’s auction procedure for real estate properties owned by the Defendant (hereinafter “each auction procedure of this case”) as a claim for a loan (a total of KRW 80,000,000,000) including the instant cash storage certificate and the loan certificate (a total of KRW 1.55,000,000,000,000,000,000 as a result of the Defendant’s objection to distribution.