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(영문) 춘천지방법원영월지원 2015.05.14 2014가합2145
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff loaned the sum of KRW 147,00,000 to B from November 3, 2008 to December 9, 2008.

B. On December 19, 2008, the Defendant prepared a performance note containing the following contents (hereinafter “instant performance note”) and ordered the Plaintiff, and signed and sealed each of the instant performance note by B and the Plaintiff.

Creditors: B The parties above are related to the loan application of December 15, 2008.

In the interest of B and the Plaintiff’s money interest, the Defendant promised to transfer KRW 147,00,000 to the Plaintiff’s account as the top priority deposit deposit deposit in the execution of the loan, upon mutual consent by the creditor as a result of confirming the intent of B and the Plaintiff by interested parties.

C. Meanwhile, around the above time, B applied for three loans to the Defendant, and the loans described in paragraph (1) (hereinafter “first loan”).

(2) Each of the loans described in paragraphs (2) and (3) (hereinafter referred to as "loans Nos. 2 and 3 of this case").

(1) The loan amount of KRW 58,00,000 was deposited into B’s account. (1) The loan amount of KRW 190,00,000,000 for the loan application amount of KRW 190,000 for the loan application amount of KRW 190,00 for the loan: KRW 9,000,000 for the loan: The loan amount of KRW 5,296,000 for the Gangwon-gu, Gangwon-gun, Gangwon-gun, and KRW 9,00 for the loan internally approved on December 22,

2) Loan application amounting to 45,00,000 won: The amount of the loan application amounting to 13,000,000 won was loaned on December 24, 2008 after the right to collateral security was established on the part of the creditor, the debtor, the debtor, and the maximum debt amount of KRW 63,00,000 on the part of the creditor, the debtor, and the maximum debt amount of KRW 63,000 on the part of December 24, 2008. 3) The amount of the loan application amounting to 13,00,000,000 won was secured: 1,650 square meters on the part of the debtor, the debtor, the debtor, the maximum debt amount of KRW 18,20,000 on December 24, 2008.

[Based on recognition] - without dispute, Gap evidence 1 to 4, 6 to 10, and Eul evidence 1 (including each number);

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