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(영문) 서울고등법원 2016.06.09 2015나2055111
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff is an operator of the electrical construction business, and the Defendant (hereinafter “Defendant”) is the incorporated foundation with the purpose of installing and managing the bewing houses and the bewing houses, and C is the Defendant’s director.

B. 1) On April 11, 2014, the Defendant and C, as well as the Plaintiff, have provided two copies of the undertaking to perform the obligation (the borrowed amount of KRW 50 million and the borrowed amount of KRW 43.5 million; hereinafter “instant undertaking”) as follows:

(1) The debtor, the debtor, and the defendant, and C, promise to perform their obligations, are prepared and delivered. The debtor and the defendant promise to perform their obligations with the intent to secure the repayment of obligations to the plaintiff, as follows: The debtor, the debtor, and the debtor have borrowed the following amounts from the creditor, and recognize that the debtor has failed to perform his obligations as of the date of the drawing up of this commitment, and the debtor is in arrears: (a) the amount of 50 million won and the amount of 43.5 million won and the unpaid date: Article 2 (Date of Performance and Interest) dated April 30, 2009:

1. The obligee shall, with respect to the arrears of the obligor, have extended the repayment from the date of the drawing up of this undertaking to the date of the next repayment, and shall have the obligation repaid on the date of the postponed repayment including the interest in question.

1) The date of repayment: Interest on September 30, 2014: 12% per annum of the principal : The payment on the 10th day of each month - the creditor’s account (from June 11) the debtor under Article 3 (Loss of Benefit of Time) will lose the benefit of time if he fails to pay the interest at any time, and pay the gross arrears by the date of full payment in addition to 20% per annum of the total arrears as overdue interest per day.

Article 5 (Matters of Special Agreement)

1. 50 million won related to 550 million won, - The provisional seizure against Chungcheongnam-gun E shall be terminated after the completion of the reimbursement.

- The printing cost of 2 million won shall be paid on April 30.

2. 43.5 million won - This construction cost is an unpaid construction cost of KRW 7,00,000,000,000 for transformation rooms at the F site of the astronomical River and construction cost of KRW 36.5 million for street lamps. 2 Plaintiff on June 11, 2014.

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