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(영문) 서울고등법원 2015.07.16 2014나2046479
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. Facts of recognition;

A. The Defendant, who operated the F Co., Ltd., a proxy driving company, transferred the substitute driving phone number to the Plaintiff as security, borrowed a total of KRW 150 million including KRW 10 million on January 13, 2012, and KRW 50 million on January 18, 2012, from January 19, 2012 to January 19, 201, and drafted a loan certificate with the following contents.

- Security for a loan of KRW 100 million: Telephone number I - Loan of KRW 50 million: Interest on Telephone number J, K, L, M, N-Loan Conditions 1: 3% per month shall be remitted to the Plaintiff’s request account. 2) Contract term: The contract term shall be three months, and the contract term shall be automatically extended every three months without notice of the expiration of the contract of the Plaintiff at least one month.

Provided, That if the defendant redeems the borrowed amount one month prior to the receipt of the request for the transfer of the number, the contract shall automatically expire one month, and the calculation of interest shall be made at the time of request for the change of name even before one month.

3) Upon the expiration of the contract term: The repayment of the full amount borrowed shall not be made by the Plaintiff against any act on the secured article telephone number at the unredeemed time; the Plaintiff shall have all powers and rights over the sale number and the serial number; 4) The Plaintiff may frequently check the current call condition and the details of monthly import of the secured article telephone number at any time; and when the average call or import status for three months at the time of the contract is reduced by at least 30%, the act of claims may be enforced even during the contract term.

(5) If the interest is in arrears for not less than one month, or the interest is in arrears for not less than one month, the plaintiff may perform all of his/her claims (not less than three times as at the time of the default of the rent) (not less than three times as at the time of the default of the rent).

6) All other matters shall be determined in consultation with the Plaintiff and shall be immediately completed when the Defendant redeems the principal.

B. On November 13, 2012, the Plaintiff demanded the Defendant to return the above loan, and the Defendant did so.

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