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(영문) 부산지방법원 2016.03.25 2014가단43348

약정금

Text

1. As to KRW 30,331,320 among the Plaintiff and KRW 30,00,000, the Defendant shall pay to the Plaintiff the year from September 1, 2015 to March 25, 2016.

Reasons

1. Basic facts

A. On November 24, 2011, the Defendant acquired from C and D a physical fitness center located on the 8th floor of the Seo-gu Incheon, Seo-gu building, Incheon (hereinafter “instant insignia”), and delegated the management and operation of the instant insignia to the Plaintiff, an external third village, around January 2012.

B. Accordingly, the Plaintiff registered the instant insignia in its own name, and managed and operated the instant insignia until the first patrolman on May 2012.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 10, 15, 17 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On January 31, 2012, the Plaintiff was granted a loan of KRW 50,000,000 from the Nonghyup Bank (hereinafter “instant loan”).

On March 14, 2012, the loan of this case was converted into a loan of funds for financial operation of micro enterprises.

() The Plaintiff: (a) on October 16, 2014, the Incheon Credit Guarantee Foundation that concluded a credit guarantee agreement with the Plaintiff on the ground that it did not repay the instant loan and interest to the Nonghyup Bank; (b) filed a lawsuit claiming indemnity against the Plaintiff; and (c) on October 16, 2014, the said court rendered a ruling that “the Plaintiff shall pay to the Incheon Credit Guarantee Foundation 5,154,93 won, and 48,659,251 won, calculated at the rate of 12% per annum from January 4, 2014 to January 22, 2014; and (c) on August 31, 2015, the Plaintiff shall be deemed to have paid the Plaintiff KRW 67,50,000 as the repayment of the indemnity obligation; (d) the Plaintiff’s assertion that the Plaintiff paid the Plaintiff KRW 167,00,00 as the remainder of the Plaintiff’s assertion of the loan No. 1281,416,7,294, etc.