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(영문) 서울중앙지방법원 2019.04.03 2018가합524387
부당이득금
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. The Plaintiff is a company established for the purpose of installing and managing a recreation center and a vending machine in Japan, and the Defendant is the entire representative employment of the Plaintiff.

The representative director of the plaintiff, C and the defendant are all children of D, who are all children.

B. On January 11, 2008, between the Plaintiff and the Defendant, a monetary loan contract certificate with the following content (hereinafter “instant certificate”).

The monetary loan contract certificate (joint guarantor) will be concluded between the plaintiff and the defendant of the borrower as follows:

Article 1 (Substitution) The lender and the Borrower have lent to the Borrower 298,000,000 UN, this day, and the Borrower has received the loan without any mold.

Article 2 (Interest) Interest shall be at the rate of 3.25% per annum for principal.

Article 3 (Period of Repayment on Interest Basis and Principal) The Borrower shall prohibit the interest from being paid to the bank account of the lender on the 25th day of each month.

Article 4 (Amount of Damages in Arrears) If the borrower fails to pay the principal within the prescribed period, the borrower shall pay the amount of damages in arrears at the rate of 140% per annum for the principal.

Article 5 (Loss of Fixed Benefit) In the following cases, a lender shall automatically lose his interest during a period of time even though there is no peremptory notice from the lender, and shall pay the principal immediately:

1. Where no interest is paid at any time within a period;

2.If the borrower has received an application for compulsory execution, auction, bankruptcy, commencement of corporate reorganization, commencement of corporate reorganization, or commencement of legal management due to any other debt, D, a joint and several surety of Article VI (Joint and Several Guarantee) shall guarantee the borrower's principal debt and shall be responsible for the borrower's performance of the obligation.

Article 7 (Agreement Jurisdiction) If a dispute arises on this case, each party agreed to have the Court of First Instance on the domicile of the lender as the Court of First Instance.

C. On March 4, 2008, the Defendant lent 297,847,508 UN to E Co., Ltd. (hereinafter “E”) for its operating fund, and on April 9, 2013, the Defendant lent E as its operating fund.

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