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(영문) 전주지방법원 2015.07.28 2014가단31648

추심금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

(c) C or substantial operators are referred to as C;

hereinafter referred to as “B”

(2) On March 31, 2014, B produced and sold raw tin from “Seoul-gun E, Jindo-gun and 22 parcels, etc.,” and the Plaintiff concluded a partnership agreement with the content of lending necessary funds to B (hereinafter “instant partnership agreement”).

B. Upon entering into the instant trade agreement, the Plaintiff and B prepared a loan certificate with respect to the loan of KRW 100 million that the Plaintiff would pay to B, as follows, and Nonparty D signed and sealed the loan certificate as a joint and several surety of Nonparty D.

The loan certificate of KRW 10 million;

1. Interests: In accordance with the transaction agreement;

(Attachment)

2. Time of payment: Primary-2j on April 1, 2014 (70,00 won) - April 10, 2014 (30,00 won).

3. Date of principal repayment: Primary-20 million won on May 30, 2014 (20 million won) - 30 June 30, 2014 (40 million won) - July 30, 2014 (40 million won)

4. Other matters omitted.

5. Security - The deposit price of zymble Construction (F Account Deposits) – The original and supply contract of zymble - the supply contract of zymble - the supply contract of zymble * the transaction agreement, the letter of commitment to the supply of stone, the building material delivery contract, the zymble

C. In accordance with the instant trade agreement, the Plaintiff: (a) April 1, 2014; and (b) the same month.

9. KRW 10,00,000 and KRW 18,9510,00 for each of the accounts in the name of D. D.

On April 18, 2014, the Plaintiff and B prepared a certificate signed by a private person on April 18, 2014, including both the above loan certificates, transaction agreement, letter of commitment to supply of stone, stone supply contract, and the certificate of loan under the name of effic construction. On April 25, 2014, on the above loan certificate, the Plaintiff and B prepared a separate document of a loan agreement for consumption (hereinafter “instant notarial deed”).

E. Meanwhile, around March 6, 2014, Defendant Enzym Construction Co., Ltd. (hereinafter “Defendant Enzym Construction”) entered into a contract with B, etc. for dredging construction in relation to “G dredging construction,” and on the same day, Defendant Enzym Construction borrowed KRW 50 million from June 6, 2014 to March 6, 2015 as business promotion expenses.