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(영문) 서울중앙지방법원 2015.07.16 2013가합28860

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 29, 201, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with a loan of 14.5 billion won from a corporation B (hereinafter “B”) (hereinafter “B”) in order to raise funds necessary to carry out the said business, while carrying out the business of purchasing “C” sold by U&A limited liability companies and Vietnam Investment Co., Ltd. (hereinafter “C”). The key contents of the said agreement are as follows.

Of the above 14.5 billion won, the Plaintiff’s funds required for the Plaintiff’s C business was 4.5 billion won, and the remaining 10 billion won was that the Plaintiff entered into an additional loan agreement at the request of the representative director D.

Article 5 (Calculation of Interest and Interest)

1. The payment date of interest shall be the last day of each month and shall be paid in advance;

Paragraph (2) (Interest Rate) The borrower shall pay interest calculated at a fixed interest rate by 12% per annum on the balance of the loan, and 2% per annum on the loan principal shall be the lender at the time of settlement.

(Payment, etc.) Paragraph (1) (B) of Article 8 (Payment, etc.) shall be carried out by making a loan in the name of the plaintiff into the lending account (Opening Bank: B).

B is deemed to have been carried out a loan under this Agreement upon deposit of a loan in the Plaintiff’s deposit account.

B. B carried out a loan by depositing 14.5 billion won in the account opened in the name of the Plaintiff on the date of entering into the instant loan agreement, and the Plaintiff withdrawn 3.5 billion won on June 30, 201 and used it as C’s business funds. ② 8.5 billion won on July 6, 201, 201, 10 million won on July 12, 201, 100 million won on the check or cash, and deposited 1.4 billion won on September 16, 201, to E or to the head of the management planning headquarters designated by B’s representative director D or D.

C. From March 2012, the Plaintiff paid interest under the instant loan agreement, which was calculated on the premise that the principal of the loan was 14.5 billion won, to B.

The Financial Services Commission shall make the Act on the Structural Improvement of the Financial Industry.