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(영문) 창원지방법원 2018.09.20 2017가합51016
대여금
Text

1. As to the Plaintiff KRW 537,360,00 and KRW 100,00 among them, the Defendant shall pay to the Plaintiff KRW 537,360,000 from March 24, 2017, KRW 75,00,000.

Reasons

(2) On August 27, 2015, KRW 159,00,00 (Evidence 8) and KRW 159,003,200 (Evidence 9-1, 11-1, 200) from October 21, 2015 to October 10, 2015 (Evidence 9-1, 2, A10, and 11-2) of the purchase price of apartment owned by the Plaintiff and other funds owned by the Plaintiff. B. The Defendant on December 27, 2016, respectively (Evidence 14; hereinafter referred to as “each of the instant reports”).

2) The agreement was drawn up and issued (hereinafter referred to as the “instant agreement”).

(2) Address: The name of Changwon-si, Changwon-si, Masan-si, H Apartment-si: the Defendant’s above-mentioned name promises the Plaintiff to pay KRW 100,000 to the Plaintiff by January 12, 2017; the repayment of KRW 75,00,000 to KRW 90,000 by the end of March 10, 2017; and the repayment of KRW 30,000,000 for the loans of the G Bank until August 10, 2017; and the reimbursement of KRW 300,000,000 for shares will be made by the end of August 4, 2017:

5. Repayment up to the end of 2018 of E Union 80,000,000 won.* Acceptance of legal measures in the event of the above non-performance. [Ground of recognition] The person who provides J land as security shall assume the legal measures as above: (a) the absence of dispute; (b) the evidence No. 1, 2, and 3; (c) the evidence No. 1, 5-1, 5-6; (d) A7-1, 2, 8; (e) the evidence No. 9-1, 2, 10; (e) the evidence No. 1, 2, 11-1; (e) the evidence No. 1, 2, 14, 17, and 27; (e) the testimony of the witness of K; and (e) the purport of the whole pleadings;

2. The assertion and judgment

A. 1) Determination as to the cause of the claim 1) Section 4 of each of the instant agreements states, “The amount of approximately KRW 300 million of the stock price shall be repaid in the middle of 2018: Provided, That the detailed amount shall be written as data and shall be consulted.” In this regard, the Plaintiff refers to the amount of money that the Plaintiff provided through the Plaintiff’s shares out of the amount that the Plaintiff paid to the Defendant, and the detailed details thereof shall be specified.

1.(a)

1) As described in paragraph 2, it is the same as that of paragraph 2, and it is stated that “the amount will be consulted as detailed data because it was unaware of the exact amount at the time of the preparation of the above letter.

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