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(영문) 의정부지방법원고양지원 2015.09.04 2014가합8257

동산인도

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the amount of KRW 614,714,509 and the amount of KRW 614,714,509.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a person who has operated the main business with the trade name of "C," and the defendant is a person who conducts the business of collecting and selling land in the trade name of "D."

B. On February 26, 2010, the Plaintiff entered into a loan agreement for consumption and a contract for security for transfer on February 26, 2010, with the Defendant, on February 26, 2010, with the terms that the Plaintiff would borrow KRW 80 million from the Defendant at the maturity of payment on March 7, 2010, and at the rate of 1% per interest month (hereinafter “instant loan agreement”).

(B) In order to secure the performance of the obligation to return borrowed money under the loan agreement of this case, among the machines listed in the separate sheet owned by the Plaintiff, which are kept in the non-party F’s factory in the case of Pakistan, the machines listed in the separate sheet shall be deemed to be attached only when all the machines listed in the separate sheet are referred to as the Oraco Co., Ltd., and the machines listed in the separate sheet shall be deemed to be attached to the Oraco Co., Ltd., the term “Oceco Co., Ltd.”, the term “Saco Co., Ltd.”, the term “Saco Co., Ltd.”, and the term “knovad Co.

(2) The transfer security agreement of this case (hereinafter referred to as "the transfer security agreement of this case") providing the defendant as the transfer security by means of an occupation or alteration.

(2) On February 26, 2010, the Plaintiff concluded a loan with the Defendant at KRW 80 million under the loan agreement of this case (hereinafter “the loan”).

(3) The Plaintiff was remitted to the Defendant. (3) The Plaintiff paid 80,000 won per month from April 2, 2010 to August 4, 2010, and KRW 500,000 per month from September 1, 2010 to September 6, 2011, respectively, to the Defendant as the principal of the instant loan, and repaid KRW 30,000,000 won per month from September 3, 201 to August 201. < Amended by Presidential Decree No. 22347, Aug. 3, 2010; Presidential Decree No. 22347, Sep. 1, 2010; Presidential Decree No. 22347, Aug. 3, 2010>

C. The Plaintiff and the Defendant concluded a contract as of April 22, 201 between the Plaintiff and the Defendant, the Defendant on April 22, 201, and April 21, 201 from the same date of the contract term until April 21, 2013, on the condition that the contract expires by one month prior to the expiration of the contract.