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(영문) 대전지방법원 2015.03.18 2014나9340
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is keeping the certificate of a loan that the Defendant borrowed money from the Plaintiff (hereinafter “certificate of loan”).

Of the loan certificate of this case, the loan certificate of this case shall be borrowed from the above sum of KRW 50,000 ( KRW 50,000) to the name of the defendant and agreed as follows.

1. Date of repayment: August 9, 2012;

2. Interest: Three copies;

3. Method of payment: Payment shall be made to the creditor (A) on the nine day of each month.

4. If the obligor has, as a matter of course, lost the benefit of time and immediately paid the remainder in full without any peremptory notice, (a) has delayed the payment of interest once or more times), has violated the provisions of this Agreement (c) or other provisions of this Agreement where the obligor has been subject to provisional attachment, compulsory execution from other creditors, or has received an application for bankruptcy or composition.

7. In the event of the breach of any of the above arrangements, I give up all rights to C and do not raise any objection to the transfer of all rights and names with respect to C (including all licenses), including all obligations (100 million won) to A, and agree to the preparation of all documents.

On March 2, 2012, 200 won was first given out of the above debt amount, the remaining 3,000 won will be deposited in two installments from March 9, 2012 to 20 days, and it seems that the funds for operation by distribution will be the clerical error in the “si where it is necessary” when it is necessary to do so on April 2012.

I agree on additional loans as an opportunity.

The date of contract: The name of the debtor on March 9, 2012: (Omission): B) the defendant's seal impression is stamped.

B. Although the Plaintiff is under the name of the Defendant, the Plaintiff is in the name of the Defendant, but since the Defendant’s wife D has been operating and managing for more than 14 years, all the property rights regarding the said fishing vessel are D. The Defendant is well aware that D is a monetary transaction between the Plaintiff and E and F while operating the Plaintiff, and the amount borrowed on March 9, 2012 from the Defendant’s 20th of the same month to be used as the operating fund of the said fishing vessel.

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