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(영문) 서울동부지방법원 2014.10.28 2013가합3871

대여금

Text

1. Defendant C shall pay to the Plaintiff KRW 150,00,000 as well as 20% per annum from March 28, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s wife type, Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that engages in transportation consignment business, agency business, and related service business with the trade name “F” from the 14th floor of Gangdong-gu Seoul Metropolitan Government E Co., Ltd., and Defendant C was working for the Defendant Co., Ltd. along with Defendant D.

B. Around January 13, 2012, the Plaintiff loaned KRW 50 million to Defendant C, from January 18, 2012, to January 19, 2012, KRW 150 million, and KRW 150 million (hereinafter “instant loan”). The Plaintiff prepared the following loan agreement (hereinafter “instant loan agreement”). The said KRW 100 million was the agricultural bank account in the name of Nonparty G designated by Defendant C, and the said KRW 50 million was paid to Defendant C’s spouse Nonparty H’s new bank account on January 2, 2012, by means of remitting KRW 5 million each of the loans and KRW 40 million on January 18, 2019.

A creditor: A creditor: (a) a secured article for KRW 100,000,000 for the secured article for KRW 50,000,000: (b) a telephone number for operating on his/her behalf), K, L, M, or N (referring to the telephone number for each loan as a collateral): (c) a interest rate: (d) a monthly interest shall be transferred to the Plaintiff’s request account; (b) a contract term shall be three months; and (c) a contract term shall be extended automatically for three months unless the plaintiff’s expiration of the contract is notified.

Provided, That the defendant C also redeems the borrowed amount at least one month prior to the receipt of the request for the transfer of the number, and the contract shall automatically expire one month, and the calculation of interest shall be made at the time of request for the change of name even before one month.

3. Upon the expiration of the contract period: The repayment of the full amount borrowed shall not be made by the plaintiff as to any act against the secured article telephone number, and the plaintiff shall have all authority over the sale number and the number.