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(영문) 서울동부지방법원 2014.12.05 2014가합11213
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in Gap evidence Nos. 1, 2, 3, Gap evidence Nos. 5, 6, Gap evidence Nos. 8 and 18, and evidence Nos. 23.

In the case of loans to the Plaintiff and C on October 30, 2003, the Seoan Fisheries Cooperatives (hereinafter referred to as the “Yananan District Court”) filed an application for a payment order against the Plaintiff and C for the payment of loans with the Yando court of the Gwangju District Court (hereinafter referred to as the “Seoul Branch Court”). The above court rendered a payment order stating that “the Plaintiff and C shall pay the amount of KRW 6.8 million per annum 12.8% per annum from May 28, 2003 to May 31, 2003, and the amount of money calculated at the rate of 20% per annum from the next day to the date of full payment (hereinafter referred to as the “instant payment order”). The instant payment order became final and conclusive between the Suan District Court and the Plaintiff on November 15, 2003.

B. On December 18, 2004, the Plaintiff borrowed KRW 100,000,000,000 from the Suan Bank as interest rate of 10.5% per annum (19% per annum for delay damages) and due date of repayment on December 17, 2005. On the same day, in order to secure the above loan obligations, it is entered in the Soan Bank, and in the notarial deed in the notarial deed in the Jeonnam-do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do ,

E In the event that the Plaintiff transferred 150,000 U.S. dollars 150,000,000,000 won on the aquaculture (hereinafter referred to as “D model”) operated by the Plaintiff in the name of “F”, and the said loan repayment obligation is not fulfilled, a notary public, which recognizes that there was no objection even if compulsory execution was carried out immediately, prepared and issued a notarial deed of monetary loan for security by means of transfer (hereinafter referred to as “instant notarial deed”) in 2004.

C. The Plaintiff: (a) from February 2, 2005 to January 23, 2006, delivered 2-30,000 won in total 40,370,000 won by receiving telephone orders from D forms; and (b) delivering a uniform via a door-to-door call.

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