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(영문) 서울서부지방법원 2014.10.23 2013가합35085
대여금
Text

1. The claim of this case is dismissed.

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

Reasons

Basic Facts

C is a person who newly constructs and operates Co., Ltd. E (hereinafter referred to as “instant hotel”), and the network F (hereinafter referred to as “the network”) has lent money to C in relation to the operation of the said hotel.

Around August 14, 2012, the Deceased’s power of delegation was drawn up, as of August 14, 2012, to the Plaintiff, to entrust the Plaintiff with the preparation of a notarial deed for a loan agreement for consumption with a loan of KRW 300 million as of August 14, 2012 (hereinafter “the first power of delegation”).

In addition, around August 16, 2012, around August 16, 2012, the power of attorney (hereinafter “second power of attorney”) was drawn up to entrust the Plaintiff with the preparation of a notarial deed for a loan agreement for consumption with a loan of KRW 300 million against the Deceased’s Plaintiff on August 16, 2012.

On August 22, 2012, the hotel, C, G (hereinafter “C, etc.”) and the Deceased purchased the real estate and shares of the hotel in this case from C, etc. and entered into a joint business agreement with the Deceased and C to operate the hotel in this case (hereinafter “instant agreement”).

At this time, the Deceased purchased 40% of the hotel real estate of this case from C, etc. and 40% of the above hotel stocks, and the down payment is replaced by the loan claim of C with 4 billion won, and C will take over 1/2 of the total debt of C with the third party in lieu of the remaining purchase amount.

In addition, profits from the hotel operation of this case were deducted from basic expenses and distributed to C65% and the deceased 35%.

On September 7, 2012, the Plaintiff, as an agent of the Deceased, entrusted the Deceased with the preparation of a notarial deed of a monetary loan agreement with the amount of KRW 300 million on August 14, 2012, the borrowing date, KRW 300 million, the Deceased, the Deceased, the Creditor, the Plaintiff, the date of repayment, KRW 30% per annum (payment on November 13, 2012), the interest rate of KRW 30% per annum (payment on January 15), and the interest or delay damages on principal at KRW 30% per annum, and accordingly on the same date.

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