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(영문) 서울서부지방법원 2016.06.10 2016가단208603
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's summary of the plaintiff's assertion asserts that "the plaintiff borrowed 2.5 million won from the former representative director of the defendant company, but did not borrow money from the defendant company, so the plaintiff does not bear a loan obligation against the defendant company. Therefore, the plaintiff's compulsory execution based on the payment order as stated in the purport of the claim ordering the defendant company to pay the borrowed money amounting to KRW 75,761,311 shall be dismissed."

2. Comprehensively taking account of the purport of the argument in the statement No. 1 and No. 3: (i) around April 18, 2008, the Plaintiff drafted and delivered to the Defendant Company a letter of undertaking that “the repayment of 4.5 million won by June 30, 2008 and the rate of interest for delay shall be 5% per month; (ii) around January 16, 2014, the Defendant Company requested the payment order No. 2014th 275 of the above borrowed amount to the Plaintiff and the amount of KRW 3 million which was not repaid among the borrowed amount and KRW 1,000,000,000 not paid among the borrowed amount, from July 1, 2008 to the date following the agreed date under the above letter of undertaking, it is difficult to accept the Plaintiff’s assertion that the Defendant Company paid the above amount of interest for delay calculated at the rate of 20% per annum 16,000 won per annum of the above agreed interest for delay from March 216, 2016th 2,2016.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.

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