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(영문) 창원지방법원진주지원 2015.07.17 2014가단13835

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is the owner of the DNA set in Jinju City C1, and the lessee of Dmaart has been changed to E, F, and G in order, and H is the husband of F.

B. On December 29, 2008, E prepared and delivered a written promise to pay KRW 55,800,000 to the Defendant by April 30, 2009.

C. In the process of changing E from E to F, H prepared and delivered a written promise to repay the money borrowed from the Defendant on April 13, 2012, in the event that E does not pay the money borrowed from the Defendant by December 30, 2012, and E did not pay the said money by December 30, 2012.

F’s agent entered into a contract with the Plaintiff on May 24, 2012, under which F would transfer to the Plaintiff the claim for refund of KRW 10,000,000 to the Plaintiff that the Defendant would receive from the Defendant.

(hereinafter referred to as “transfer of claim of this case”). (e)

F’s agent entered into a contract between the Plaintiff and the Plaintiff on June 28, 2012 to sell all F-owned machinery, facilities, and equipment in Dart (hereinafter “instant equipment”) to the Plaintiff for KRW 35,000,000.

(hereinafter “instant equipment sales contract”). D.

On April 11, 2014, the Defendant entered into a lease agreement with G on a deposit of KRW 10,000,000 per month, and KRW 1,000,000 per month, and on the same day, the Defendant, I and F’s agents, H and G agreed as indicated in the following written agreement (hereinafter “instant written agreement”). During the process of preparing the instant written agreement, H expressed that the Defendant, G did not have any other creditors than the Defendant and I.

Written Consent of Agreement

1.F shall pay 30,000,000 won received from G as equipment to the Defendant, the obligee of F, who is the obligee of F, as follows: G directly deposits into the Defendant and I’s account, and F shall consent thereto:

Provided, That the following money shall be paid at the same time as business registration is made in the G name:

Defendant 21,000,000 I 9,000.