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(영문) 춘천지방법원강릉지원 2016.07.13 2016가단2341
대여금
Text

1. The Defendant’s KRW 178,606,128, among the Plaintiff:

A. From January 20, 2016 to March 28, 2016, for KRW 38,500,000.

Reasons

1. Basic facts

A. On January 10, 2014, the Plaintiff concluded a separate loan agreement with the Defendant and lent 10,000 won (hereinafter “instant first loan claim”), January 14, 2014, KRW 190,000 (hereinafter “instant second loan claim”), and KRW 140,000,000 (hereinafter “instant third loan claim”) on October 16, 2014, respectively.

B. Of the Plaintiff’s basic terms and conditions of credit transactions, the main contents pertaining to this case are as follows.

Article 7 (Duty to Pay Obligations before Due Date) (1) In any of the following cases with respect to a debtor, the debtor shall, as a matter of course, lose the benefit of all obligations with respect to hunting (including the occurrence of an obligation for prior reimbursement in a payment guarantee transaction; hereinafter the same shall apply), even though there is no demand, notice, etc. from the Suhyup if any of the following events occurs:

2. When an order of attachment or notification of attachment is sent out regarding the secured property provided by the debtor, or when compulsory execution or disposition of arrears is commenced by other methods;

5. When it is deemed that the payment has been suspended due to discontinuance of business, escape or any other reason. (4) If, with respect to the debtor, the occurrence of any of the following cause or event is likely to cause a significant danger to the preservation of claims, the Suhyup shall demand in writing payment, removal of seizure, etc., recovery of credit, etc., and at least ten days after the date of arrival of such notification, the debtor shall be liable to pay the amount of all obligations to the Suhyup as soon as he/she loses the benefit of all obligations:

1. Where, even one of several obligations against fisheries cooperatives, has failed to pay within a prescribed period or has failed to pay an obligation which has lost the benefit of time under paragraph (2), (3) or (5);

C. On January 20, 2016, the Plaintiff sent a notice to the Defendant to repay each of the instant loans by January 27, 2016 (hereinafter “instant notice”).

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