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(영문) 서울고등법원 2018.04.18 2017나2048070
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff (former Agricultural Accounting Corporation D) is an agricultural company aimed at distributing, processing, and selling agricultural products, and the Defendant is a person who engages in agricultural products distribution business, etc. in the trade name of “E”.

B. On January 23, 2015, the Plaintiff entered into an agreement with the Defendant on matters related to the repayment of goods prices and consultation (No. B. 8; hereinafter “instant agreement”) with respect to his/her own debt, and the main contents are as follows.

1. Payment of goods and joint and several guarantee money;

(a) Payments of KRW 325,00,000;

(b) KRW 10,00,000 on two occasions each month from February 27, 2015, the due date for reimbursement of KRW 50,000,000 on January 26, 2015, KRW 25,000 on January 30, 2015;

(c) Joint and several sureties F;

2. Other matters of cooperation.

A. The plaintiff shall make every effort to specify and supply items that the defendant can supply to the plaintiff company (the items shall be consulted with each other, and shall actively cooperate in supplying more than two items).

B. The defendant shall not raise any objection or submit any data against any bankruptcy case (U.S. District Court 2014Hahap7).

(b) deliver the intent of withdrawal)

C. The plaintiff and the F shall not raise any objection against the cargo, etc. under the responsibility of the plaintiff and F when the violation is committed.

C. On the same day, the Plaintiff borrowed 325 million won from the Defendant on January 23, 2015 under the F’s joint and several surety by a notary public at a law firm assistant in 2015, from the Defendant on the same day, and borrowed 325 million won from the Defendant on January 23, 2015, and KRW 26.5 million on the 26th of the same month, and KRW 25 million on the 30th of the same month; and

2. The repayment shall be made in 25 installments each month from the same month to November 2016, 23.3 million won, and the Plaintiff’s failure to perform the above monetary obligation shall be recognized as having no objection even if it was immediately subject to compulsory execution.

'Notarial Deed' to the effect that 'Notarial Deed of Money Loan Agreements' is 'Notarial Deed'.

and thereafter, on January 27, 2015, KRW 50,000,000,000

2.2.2.25 million won, March 23, 2000 won;

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