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(영문) 의정부지방법원 2017.10.20 2016나62898
공탁금출급청구권 확인의 소
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. According to the conclusion of the instant loan transaction agreement and the payment process of loans therefrom, F, the agent of the Plaintiff’s representative, required the Plaintiff’s operational funds, and F, around May 2012, appears to have been conducted by “G” operated by N (Name M) (hereinafter “G”), and the substantial business related to the instant loan transaction agreement, all of which appears to have been conducted by G’s employees. However, when H refers to a “G side” when it refers to an act that it is an employee of G.

) The office requested the lending of money to request the lending of money, and the creditor column with the direction of H, a staff member of G, drafted the loan application form dated May 14, 2012 and the loan transaction agreement form signed on May 15, 2012 with each of the following contents (hereinafter “instant loan transaction agreement”).

(2) On November 13, 2012, the loan amount of KRW 500 million, the debtor, the plaintiff joint and several sureties, the interest rate of KRW 30 million per annum, overdue interest rate of KRW 38.4% per annum, the loan amount of KRW 50 million on May 14, 2012, the repayment date of KRW 30 million, the plaintiff, the debtor, the joint and several sureties, the interest rate of KRW 30% per annum, the overdue interest rate of KRW 38.4% per annum, the interest rate of KRW 38.4% on the borrowing date, May 14, 2012, and the redemption date of KRW 50 million, and KRW 50 million on May 14, 2012, and KRW 500,000,000,000, KRW 500,000,000, KRW 1450,000,00 per notes, respectively, and KRW 1401.5.2.5 billion.

3. On May 15, 2012, the Defendant remitted KRW 200 million to the bank account under N, and G transferred KRW 59,405,039 and KRW 50 million to the bank account under the name of E on the same day by indicating the remitter to the Defendant and C.

E shall be 40.0% on the side of the same day as a prior interest.

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