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(영문) 서울남부지방법원 2017.02.10 2016가단26703
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's written complaint is as shown in the annexed sheet.

2. On March 20, 2012, the Plaintiff prepared a payment note that the Defendant shall pay a KRW 30 million up to December 30, 2012, and a payment note that shall pay KRW 5 million up to March 29, 2012, respectively. The fact that the Plaintiff’s name is stated in the said payment note as an addressee of KRW 35 million does not conflict between the parties.

The defendant raises a defense that the plaintiff is not a legitimate creditor of the above amount of KRW 35 million.

In light of the overall purport of the arguments in the statement Nos. 1 through 5, No. 6-1, and No. 6-2, the Defendant borrowed D Operational Funds from C around March 2012. It is recognized that: (a) the Defendant borrowed D Operational Funds from C around March 2012; and (b) the Defendant borrowed the name of the Plaintiff, a pro-friendly relationship in which C is about to conceal that it is a creditor with a high interest rate from the Defendant’s side.

If the factual relations are different, notwithstanding the statement of the above payment angle, the plaintiff cannot become a legitimate creditor of the above amount of KRW 35 million.

Therefore, the defendant's defense is reasonable, and the plaintiff's claim is not reasonable.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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