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(영문) 부산지방법원 동부지원 2021.02.25 2019가단212541
청구이의
Text

1. Of the instant lawsuit, the part of the claim against Defendant B is dismissed.

2. The defendants' successor underwriter against the plaintiff.

Reasons

1. In the case of a cash loan with basic facts: The debtor shall have borrowed the above money without a molding it, and shall have to pay 20 million won (200,000,000 won) including the day of interest (100,000 won) on the day of payment (200,000 won) on the following terms:

A. L. L. L.I.

1. The repayment date shall be December 12, 2018;

2. The creditor shall immediately return the foregoing amount to F at the time of repayment to the creditor at the same time as the debt provides a security to borrow the above amount.

3. The creditor shall not exercise all rights, such as acquisition by transfer, mortgage, collateral security, provision of security, sale and purchase of the contract for sale provided by the debtor as security to the creditor, and if the debtor exercises unlawful rights, the G sales right provided as security shall become void;

(hereinafter omitted)

A. On August 12, 2018, the Plaintiff drafted a cash loan certificate (No. 2, hereinafter “cash loan certificate”) from August 12, 2018, with the following content, to Defendant B around August 2, 2018.

B. Defendant B remitted the Plaintiff’s account in the name of the Plaintiff KRW 30 million, KRW 20 million on August 12, 2018, KRW 20 million on August 13, 2018, KRW 38 million on August 21, 2018, KRW 100 million on August 22, 2019, and KRW 12 million on August 22, 2019 (hereinafter “the instant loan”).

(c)

On August 21, 2018, the Plaintiff remitted KRW 3 million to Defendant B.

(d)

On January 4, 2019, the Plaintiff drafted a fair deed of this case with the content that Defendant B would pay in installments the loans of KRW 160 million on January 30, 2019, and KRW 100 million on March 10, 2019.

E. The Plaintiff remitted the sum of KRW 20 million on January 2, 2019, and KRW 40 million on January 3, 2019 to H’s account.

F. Defendant B filed an application for the auction of the Plaintiff’s corporeal movable property with the authority to execute the instant payment order as Busan District Court’s Dong Branch I, and received 230,870 won in the said auction procedure on April 18, 2019.

G. On May 21, 2019, Defendant B transferred to Defendant C the claim amounting to KRW 80 million out of the claims on the instant process deed.

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