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(영문) 전주지방법원 2014.09.19 2013가단17164
대출금
Text

1. The plaintiff's primary and conjunctive claims against the defendant A, B, and C, and the plaintiff's defendant D.

Reasons

1. Facts of recognition;

A. A limited liability company E (hereinafter “foreign company”) is a company incorporated on September 15, 201 for the purpose of financial consulting business, loan brokerage business, etc.

The defendant C is a nominal representative director of the non-party company, and the defendant D actually operated the non-party company with the husband of the defendant C.

B. Defendant A is an employee of Defendant B Co., Ltd. (hereinafter “Defendant B”).

C. On September 20, 201, the Plaintiff entered into a contract with the non-party company to entrust the loan brokerage business concerning equal installment repayment of the principal and interest of automobiles and heavy equipment to the non-party company (hereinafter “instant loan brokerage contract”). The main contents are as follows.

II.(Basic Matters)

4. The term "non-performing credit" means credit that has been in arrears or has expired at least six times, including personal rehabilitation, credit recovery, bankruptcy acceptance, etc.;

Article 5 (Contents of Loan Products)

1. Name of a loan product: A general loan ( equal repayment of principal and interest);

2. Object of loan: A person who is deemed to have the credit rating and ability to pay by a person who intends to purchase automobiles, heavy equipment, etc.;

3. Amount of loan: The amount determined in order to be able to be placed in priority by not more than 60 percent of the vehicle price and to be able to sell normally;

2. To pay by a non-party company for a vehicle within 30 days after making a loan.

On April 2, 2013, the Plaintiff entered into a contract with Defendant A to lend KRW 500,000 to Defendant A as a general loan (hereinafter “instant loan contract”) in order to use Defendant A as a broker for the purchase of a new tourist bus (hereinafter “instant loan contract”), and Defendant B jointly and severally guaranteed Defendant A’s debt.

On the same day, the Plaintiff offered a security to five tourist buses newly purchased by Defendant A and B in order to repay the above loans between Defendant A and B on the same day, within 30 days after the loan execution.

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