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(영문) 부산지방법원 2017.12.01 2016나56363
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 details of operation including the deceased B’s oriental medical clinic and convalescent hospital, etc. 1) the network B (Death on July 1, 2014; hereinafter “the deceased”).

(2) From around May 18, 2010, the deceased operated a mutual hospital called “H convalescent” with F, who is a partner, around April 2012, and began to operate the said hospital solely for long time, and from around January 18, 2013, the trade name of the said hospital changed from around May 2013 to “I convalescent hospital (hereinafter “the instant hospital”).

B. On February 15, 2007, the Plaintiff entered into a credit transaction agreement with the Deceased on January 20, 2008 (i) the loan principal of KRW 20 million, and (ii) January 20, 2008, the expiration date of the extension period (the expiration date was extended by one year each year thereafter, and the end is extended by January 20, 2015), and loaned KRW 20 million to the Deceased (hereinafter “instant first loan”).

The name of the loan product is a comprehensive passbook loan (driving)-dul loan (corporate fund).

(2) On November 9, 201, the Plaintiff entered into a credit transaction agreement between the Deceased and the Plaintiff on November 9, 201, regarding the loan principal of KRW 110 million, and on November 9, 2012 (the period of KRW 100 million has been extended every year thereafter, and the end thereof has been extended until November 9, 2014), and loaned KRW 110 million to the Deceased.

(3) On November 9, 201, the Plaintiff entered into a credit transaction agreement with the deceased on November 9, 201 (i.e., the loan principal amounting to KRW 30 million, and (ii) November 9, 2012 (i.e., the extension of the period of one year each year thereafter, and the last extension of the period until November 9, 2014), and loaned KRW 30 million to the deceased (hereinafter “instant third loan”).

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