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(영문) 부산지방법원동부지원 2019.07.02 2018가단210425
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 5, 2015, the Plaintiff transferred KRW 76 million to the Agricultural Cooperative’s account in the Defendant’s name.

B. The Plaintiff and the Defendant have drawn up the following loan certificates (hereinafter “the instant loan certificates”).

The loan certificate of this case contains a certificate of personal seal impression issued by the Defendant on December 28, 2015.

1.6,000,000) The sum shall be fixed and shall be borrowed and the following provisions shall be fulfilled:

1. The interest rate shall be fixed at 12% per annum, and the time of payment shall be fixed at the end of each month to be sent to the creditor’s address

b. 2. The repayment period of the principal will be November 4, 2016 and will be due and payable at the address of the creditor.

3. The obligor shall lose the benefit of time, and the obligee shall pay without objection even if the principal and interest is claimed, if the payment of interest is in arrears once.

4. The jurisdiction over any dispute over this obligation shall be determined by the court having jurisdiction over the domicile of the obligee. 5. The joint guarantor shall bear the responsibility for the performance of this obligation jointly with the obligor.

b) prepare this deed in order to clarify the above contract and keep each copy of its signature and seal.

In 2015, there is no dispute over the plaintiff's debtor (applicable to recognition), Gap 1, 2, Eul 1, and the purport of the whole pleadings.

2. Summary of the parties’ assertion

A. On November 5, 2015, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 76 million to the Defendant for the purchase of obstacles within the business zone in the “D Land Readjustment Project”, and the instant loan certificate was prepared among the original Defendant.

Therefore, the defendant is obligated to pay to the plaintiff KRW 76 million and the agreed interest thereon.

B. On November 5, 2015, the Plaintiff’s summary of the Defendant’s assertion was either used or withdrawn at the Plaintiff’s order, and the instant loan certificate was formally prepared for accounting settlement at the Plaintiff’s request.

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