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(영문) 서울중앙지방법원 2017.11.23 2016가합562125
양수금
Text

1. The Defendant’s KRW 565,500,000 and its amount shall be 10% per annum from May 29, 2012 to November 23, 2016 to the Plaintiff.

Reasons

Basic Facts

On April 11, 2014, the Plaintiff entered into a contract with C (a company prior to the change: D; hereinafter “foreign company”) to transfer a claim of USD 500,000 in U.S. currency, which the non-party company holds to the Defendant based on the monetary lending agreement (hereinafter “instant monetary lending agreement”) as of May 28, 2012, and to acquire interest loan claims (hereinafter “transfer of claim”).

The following contents are written in the monetary lending agreement of this case, E, the representative director of the non-party company, and the signature of the defendant representative director F is written.

The lender of the loan agreement: The D representative director of the Bank of Korea E-do Seoul Metropolitan Government G borrower of the loan agreement:

B. The representative director, the TNAUN, the BATS, the PHILPINS borrower and the borrower shall enter into a loan agreement as follows:

1. The borrower shall borrow from the borrower an investment amount of US$500,000 ( USD 500,000) operating a factory of the Philippines B.

2.The duration of the loan shall be one year from the date of remittance and shall be 10 per annum for the interest on the loan.

3. The borrower and the borrower may extend the agreed period by the prior agreement.

4. The Commercial Act of the Republic of Korea and relevant Acts shall apply where any dispute arises, and the Seoul Central District Court shall have jurisdiction over the case where a dispute arises.

The borrower and the borrower shall sign or affix their seals to this Agreement in order to provide evidence of the date after the date.

on May 28, 2012: Loaner: AD

B. On May 29, 2012, the representative E representative director E non-party company remitted USD 500,000 to the Defendant.

On August 29, 2016, Nonparty Company sent to F the Defendant’s representative director F a certificate of content that notifies the assignment of the instant claim by registered mail.

The above content certification arrived at the delivery place on September 7, 2016, but the F did not receive it, and was discarded on January 2, 2017.

[Ground for recognition] Unsatisfy, the defendant of Gap evidence 1 has forged this document.

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