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(영문) 서울고등법원 2014.10.01 2013나66357

대여금반환 등

Text

1. All of the appeals by Defendant S Co., Ltd. and the Plaintiff’s incidental appeals are dismissed.

2. Defendant in the judgment of the first instance.

Reasons

(a) be controlled by the master, poles, poles, and astronomical areas, and not heated B;

Article 3 (Control Service Fees) Control Service Fees shall be a separate contract, and shall be the same as that of other members.

If the control fee is not paid for not less than three months due to unpaid charges, the plaintiff shall arbitrarily convert it into the plaintiff's property right to the amount equivalent to the unpaid control fee among the specific branch subscribers B.

Article 4 (Transfer of Control) (1) B shall transfer control to the Plaintiff within one month after the completion of this Agreement, and shall actively cooperate in all the following work.

Article 5 (Conditions for Security and Repayment) (1) The plaintiff shall lend 1.5 billion won in cash to B.

(2) The lending date shall be January 28, 2011 (hereinafter omitted) and (3) The terms and conditions for the lending shall be as follows:

1) Lending period: 6 months (2) interest shall be 20 percent (20%) per annum, and shall be deposited after deducting interest on a six-month basis.

3) The Plaintiff will offer as security the entire insured in B, who will be entrusted to the Plaintiff. * The payment date for the foregoing paragraph 1, the 1 billion won will be paid on January 28, 201, and the 500 billion won will be paid on the first day of consignment control. 4) If the loan has not been repaid after six months, the amount equivalent to KRW 2 billion shall be transferred to the Plaintiff for the goods owned by B, and the insured who settled the amount of KRW 1.5 billion after the termination of six months shall be finally accepted by the Plaintiff.

6) In the event that the Plaintiff ultimately acquires the insured under Article 2(3) above, the Plaintiff shall, in principle, take over the unit of the branch office among the branch offices specified in Article 2(2) and shall be guaranteed the succession of employment. (2) On January 28, 2011, the Plaintiff remitted KRW 900 million (the amount calculated by deducting KRW 100 million from the monthly interest for KRW 1 billion pursuant to Article 5(3) of the above Agreement) to B, and B repaid to the Plaintiff KRW 100 million on January 16, 2012 and KRW 300 million on May 25, 2012.

B. Contract 1 B between B and H, and the representative director of Defendant S.