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(영문) 서울남부지방법원 2014.11.12 2014가단45243
대여금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 21, 201, the Plaintiff: (a) drafted a “money loan agreement and written consent” with the content that the Plaintiff lends KRW 50 million to C by October 20, 201 and the interest rate of KRW 24% per annum until October 20, 2012; and (b) the 20th day of each month during interest payment period; and (c) set the terms and conditions as follows.

Article 7 (Matters of Special Agreement)

1. After entering into a monetary loan loan agreement, C and D are registered with the Plaintiff in the business registration certificate with the joint business operators of C and D, Guro-gu Seoul Eastro 1st underground floor non-109, Guro-gu, Seoul, Seoul, Eastro 1st underground (hereinafter “instant store”).

2. C and D shall not perform any obligation that is secured by the store of this case after the conclusion of the contract, and shall have a duty to notify the Plaintiff before the conclusion of the contract, if any, of the obligation is performed before the contract.

3. C and D shall have the obligation to resolve the Plaintiff’s obligations if the failure to notify causes damage to the Plaintiff.

4. Where a situation occurs in which C and D must dispose of the store of this case, it shall consult with the Plaintiff, and C and D must preferentially pay the Plaintiff’s obligations at the cost of the store disposal.

B. D borrowed 69.5 million won from Onnuri Investment Loan Co., Ltd. on September 29, 2011, and C guaranteed D’s debt.

C. On February 21, 2012, D changed the business registration name of the instant store to Onnuri Investment Loan Co., Ltd., G designated by Kobin Partnership, and Defendant (the mother of D).

The Plaintiff filed a loan claim lawsuit against D (U.S. District Court Decision 2012Ga21542). On January 9, 2013, the judgment for claimant was rendered (the disposition: D shall pay to the Plaintiff 50 million won and the interest calculated at the rate of 24% per annum from October 22, 2011 to the date of full payment). The above judgment became final and conclusive (hereinafter “related judgment”), and the related judgment received monetary payment from D as the actual operator of the instant store.

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