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(영문) 부산지방법원 2014.01.23 2011가단131541
청구이의
Text

1. The defendant's compulsory execution against the plaintiff in Busan District Court case No. 201 tea 19297 is enforced based on the payment order.

Reasons

1. Facts of recognition;

A. C, D, etc. (hereinafter “B”) management of a stock company B (hereinafter “B”) established SPC in the form of a shareholder or executive of a special purpose corporation (SPC, B, a company established on the ground of next-name director, next-name shareholder, etc.; hereinafter “SPC”) by borrowing the names of those executives and employees belonging to B and related companies, such as their families, from the recommendation of the executives and employees of B and related companies, and by registering it as the shareholders or executive officers of the special purpose corporation (SPC, B, a company established on the ground of failing to implement the implementation project under the Mutual Savings Banks Act; hereinafter “SPC”) in order to directly implement the implementation project, or to obtain the loan of the implementation project fund.

B. B, through each of the SPC Co., Ltd. (hereinafter “E”), conducted the new construction and sale business of the F apartment in Busan-gu, Busan-do, and the new construction and sale business of the H apartment in Busan-si through G Co., Ltd. (hereinafter “G”), and promoted the conclusion of the most parcelling-out contract on each of the above apartment businesses by borrowing the names of its executives and employees through the borrowed names to increase the sale rate in form.

C. The Plaintiff lent the name to B through I, a land in which B had been employed at the time. The Plaintiff used this, and B entered into a credit transaction agreement with the Plaintiff on October 15, 2003, with the loans of KRW 7,215,000 on October 15, 2006, with the maturity of KRW 10.7% per annum, the loan interest rate of KRW 10.7% per annum, and the maximum damages rate of KRW 21% per annum, and paid the loan to SPC as the sales contract price for Busan F apartment 101, 1303 (hereinafter “F apartment”), and on June 30, 2004, the loan amount of KRW 11,60,000, annual interest rate of KRW 10% per annum, and KRW 21% per annum on June 30, 2007, and then the loan amount of KRW 210,000 per annum 24,00.

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