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(영문) 수원지방법원 안양지원 2017.01.20 2015가단18884
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 9, 2014, the Defendant borrowed KRW 40,000,00 from Nonparty C at interest rate of 18% per annum, and agreed to repay KRW 1,670,00 per month from September 9, 2014 to July 9, 2016, and KRW 1,670,000 per month from August 9, 2016, and written an authentic deed of a monetary loan agreement with the content of the said loan obligation as joint and several surety by Nonparty D.

(Law Firm Song-won, Law Firm Song-won, Law Firm 2014, No. 977), and thereafter September 10, 2014, the Plaintiff repaid C 40,000 won.

B. The Defendant and D engaged in the cosmetic service upon one’s death, and decided on March 2015, and the Plaintiff is the form of D.

C. 1) Notarial deed was prepared between the Defendant and D, on April 28, 2015, with the purport that the Defendant borrowed KRW 10,000,000 from D, and paid KRW 833,00 each month from May 28, 2015 to March 28, 2016, and that the Defendant will pay KRW 837,000 as of April 28, 2016 (No. 409 of 2015, No. 209 of 2015, May 11, 2015, the notarial deed was prepared by the Defendant and D to terminate the beauty room business contract, the Defendant would operate the beauty room, the Defendant would pay KRW 10,000 each month from May 28, 2015 to March 28, 2016 (No. 15, No. 20154, May 20, 205).

(Law Firm Songwon, Law Firm 2015 No. 447). D.

D’s seizure and collection order, and Defendant’s provisional seizure 1) on April 30, 2015, the Plaintiff was subject to a provisional seizure order against the Defendant’s obligation to return the lease deposit against Western Consulting Co., Ltd. (this Court Decision 2015Kadan886, Jun. 16, 2015) as to the Defendant’s obligation to return the lease deposit against Seosan Consulting Co., Ltd. (the Defendant’s provisional seizure order) was issued on June 30, 2015.

(Seoul Central District Court 2015TTTTT 12791). 3) The provisional attachment order of the plaintiff is subject to the above provisional attachment.

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