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(영문) 부산지방법원 2015.02.11 2014가합13740
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 March 2012, the Plaintiff met C by the introduction of a branch, and C was the actual operator of D Co., Ltd. (hereinafter “D”), and the Defendant, registered as a representative director, introduced C as his/her own wife.

The certificate of borrowed money

1. Daily payments: 150,000,000 won and above-mentioned amounts shall be borrowed and agreed as follows:

2. Date of repayment: Interest on June 26, 2014: 1% (1.5 million won per month);

4. Method of payment: 1.5 million won per month shall be paid to creditors.

5. In the following cases, the benefit of time shall be naturally lost and the remainder shall be paid immediately. (a) When the payment of interest is delayed two or more times (the name which is the approximately above obligation: the name of the representative director B of D representative director who is a joint and several surety: C.

B. Around May 2012, C loaned KRW 150 million to the Plaintiff with D’s operating capital, the Plaintiff paid 1% interest per month, and the principal would be paid after one year, and the Plaintiff asked to deposit the borrowed money with the Defendant’s account in the name of the Defendant.

On May 31, 2012, the Plaintiff remitted total of KRW 150 million to the account held in the name of the Defendant, KRW 50 million on June 15, 2012, and KRW 150 million on June 27, 2012, and KRW 30 million on June 27, 2012, the Plaintiff drafted a loan certificate with the following content to the Plaintiff on June 27, 2012.

The following certificates of borrowed money are affixed with the seal of the corporate seal of D and C of the corporation.

C. Thereafter, C paid to the Plaintiff the sum of KRW 1.5 million on October 31, 2012, KRW 1.5 million on November 2, 2012, KRW 3.3 million on March 26, 2013, and the remainder interest and principal are not paid.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 5 (including each number), Eul evidence 1, the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion 1 as to the primary cause of claim was that the Defendant borrowed the above money from the Plaintiff and did not repay the principal and interest thereof, and thus, the Defendant shall repay the Plaintiff the above loan amounting to KRW 150 million and the payment of the already paid amount to the Plaintiff from October 1, 2012, which is the next day after appropriating the interest.

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