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(영문) 수원지방법원안산지원 2014.12.18 2014가합2072
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 100,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from May 10, 2014 to December 18, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. On December 14, 2006, the Defendant borrowed KRW 1,000,000 from the Plaintiff, and prepared and delivered the following loan certificates (hereinafter “the instant loan certificates”) to the Plaintiff:

The daily loan certificate: To borrow the above-mentioned sum of 00 million won, and to pay 00 million won on December 29, 2006, and to pay 1 February 2007, respectively.

1. The borrower of December 14, 2006 shall be the borrower of December 14, 2006.

B. On December 29, 2006, the Defendant paid the Plaintiff KRW 100,000,000, total of KRW 1,000,000,000, out of KRW 300,000,000, out of the loan principal, to the Plaintiff’s husband’s account with respect to the above loan certificate.

[Ground of recognition] Unsatisfy, entry of Eul evidence 1, purport of whole pleadings

2. The defendant asserts that the lawsuit of this case, based on the premise that the plaintiff is a creditor, is unlawful because the plaintiff's standing to sue was defective, since the defendant merely borne the debt against C and the plaintiff's husband D, and did not bear any debt against the plaintiff.

On the other hand, in a lawsuit for performance, the standing to be a party is the person who asserts that he/she has the right to demand performance, which is the subject matter of the lawsuit, and the plaintiff asserts that his/her claim for the agreed amount of KRW 200,000,000, which is the subject matter of the lawsuit,

Therefore, the defendant's defense on the principal lawsuit of this case is without merit.

3. Judgment on the merits

A. The plaintiff's assertion 1) The defendant is a corporation E (E) substantially operated by C around 2007.

(1) Around 2008, the Defendant had a claim of KRW 1,680,00,000 against E. In order to repay the above claim between E and E, the Defendant shall develop the Seoero Industry Development Co., Ltd. (hereinafter “Seroero Industry Development”).

(B) G buildings located in 3,500,000,000 and in 2,00,00 Won-gu, Busan. (hereinafter referred to as “G buildings”)

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