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(영문) 의정부지방법원 2017.04.11 2016나62317
대여금
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. Basic facts

A. The Plaintiff is an employee of C Co., Ltd. (hereinafter referred to as “C”) who associates with the Defendant, and the Defendant is a person who independently worked in C and independently traded with C in the name of “F”.

B. From December 2012 to June 17, 2013, the Plaintiff leased money to the Defendant by having the Defendant use the Plaintiff’s credit card or pay cash directly.

(hereinafter “instant loan”). C.

On June 17, 2013, the Plaintiff urged the Defendant to repay the instant loan several occasions, but the Defendant failed to do so, sent e-mail to the effect that the repayment of the instant loan was urged. On the same day, the Defendant prepared and issued a “debt confirmation document” to the effect that the Defendant recognized and confirmed that the instant loan obligation was KRW 51,718,241 as of the above date.

On July 15, 2013, the Plaintiff, the Defendant, and C drafted a contract for the transfer and acquisition of obligations as follows with respect to KRW 51,718,241 of the instant loan obligations by designating the transferor as the Plaintiff, C, and the obligee as the Plaintiff.

(hereinafter referred to as the “instant contract”). The amount of money in the contract for the transfer and acquisition of obligations: 50,000 won in 10,000 won in 20,000,000 won (in 20,000 won, 51,718,241-): To enter into a contract for the transfer of obligations on credit cards and cash loans as follows:

- - Future -

1. Amount of transfer: 50,000 twenty thousand twenty thousand twenty thousand twenty thousand won (in n.e., 51,718,241-); and

2. The above amount was settled at the same time in relation to the obligations of the Do Council in relation to Section A’s personal debt relationship between Section A and Section C, which has served as a C(State) employee.

3. In entering into a contract for the assignment of the above amounts, no objection shall be raised later against a civil or criminal complaint.

(hereinafter referred to as "applicable for recognition") facts without dispute, Gap evidence 1, and Eul.

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