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(영문) 부산지방법원 2017.11.28 2016가단52643
차용금
Text

1. Defendant B’s cooperative shall pay to the Plaintiff KRW 100,000,000 as well as to the day of full payment from January 7, 2017 to the day of full payment.

Reasons

Basic Facts

Defendant C is an auditor of the Defendant Union, and the Plaintiff is the seat of Defendant C.

On November 21, 2014, the Plaintiff remitted KRW 100,000,000 to the account of the Defendant Union (hereinafter “instant money”).

From the Defendant C’s account on December 17, 2014, KRW 1,000,000, and KRW 1,000,000 on January 15, 2015, and KRW 1,000 on February 16, 2015, from the Defendant C’s account, the amount of KRW 1,00,000,00 on March 14, 2015 was remitted to each Plaintiff’s account.

On March 10, 2015, the Plaintiff remitted KRW 30,000,00 to the account of the Defendant Union. From the representative D’s account to March 19, 2015, KRW 31,500,000 was remitted from March 19, 2015 to the Plaintiff’s account.

From the Defendant C’s account on April 15, 2015, KRW 1,000,000 was remitted from D’s account to each Plaintiff’s account. KRW 1,000,000,000 was transferred from D’s account on May 15, 2015.

On the other hand, on May 11, 2015, the Plaintiff remitted KRW 4,300,000 from D’s account to D’s account, and KRW 5,00,000 from D’s account to the Plaintiff’s account on June 1, 2015.

D from June 15, 2015, KRW 1,000,000, and KRW 1,000,000 on July 15, 2015 were remitted to each Plaintiff’s account.

On the other hand, on June 25, 2015, the Plaintiff remitted KRW 4,000,000 to D’s account. On August 11, 2015, KRW 5,400,000 was remitted from Defendant C’s account to the Plaintiff’s account.

On August 18, 2015, Defendant C, on behalf of the Defendant Union, drafted a loan certificate (hereinafter “the instant loan certificate”) with the following contents as well as a “security” attached thereto between the Plaintiff and the Plaintiff.

[Attachment] Creditor: The Plaintiff’s debtor: the Defendant’s debtor: the sum of the above sum of KRW 100,000,000,000 shall be borrowed and promised to perform the following provisions.

The following (Contentss concerning teas)

1. The time for repayment of the principal shall be July 31, 2016 and the time for payment by account transfer shall be agreed to do so;

2. The offer of a security;

b. (Declaration of Matters concerning Security, which is a separate sheet of matters concerning security)

3. No bonds or obligations shall be transferred or taken over to a third party; 4. The foregoing bonds or obligations shall be extinguished in kind;

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