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(영문) 전주지방법원군산지원 2016.05.10 2015가단55798
대여금
Text

1. The defendant shall pay 12,311,807 won to the plaintiff.

2. One-six of the costs of lawsuit are assessed against the Defendant, and the remainder are assessed against the Plaintiff.

Reasons

Basic Facts

On August 31, 2013, the Plaintiff and the Defendant invested KRW 450,000,000 in each of them, and agreed to operate a general food retail business with the trade name of limited liability company D in public city C.

On November 30, 2013, the Plaintiff decided to transfer all rights to the said company to the Defendant. Accordingly, the Plaintiff and the Defendant concluded a contract for the transfer of rights (hereinafter “instant transfer of rights”) with the following contents.

Article 2 Transfer to the following persons the facilities and operating rights in respect of the right of lease:

1. Transfer amount: Total of 400,000,000 won;

2. Contract deposit: 100,000,000 won (payment at the time of a contract).

3. Balance: The defendant under Article 5 of the Act shall provide for the balance of KRW 300,000 (the interest shall be paid on March 30, 2014) with a loan certificate.

The borrowed amount: The borrowed amount of KRW 300,000,000 from the Plaintiff and the promise to perform the obligation as follows; 1. The due date for the principal shall be March 30, 2014

b.2. interest shall be 0.1 per month and 0.2 per month for interest.

On the same day, the Defendant paid 150,000,000 won to the Plaintiff, and the Plaintiff prepared and delivered the following loan certificates (hereinafter “the loan certificates”) in accordance with Article 5 of the instant acquisition agreement.

On January 16, 2014, KRW 3,00,000 for the repayment date, KRW 3,000,000 on February 14, 2014; KRW 3,000,000 on March 20, 2014; KRW 3,000,000 on April 14, 2014; KRW 103,000,000 on May 15, 2014; KRW 2,000 on June 23, 2014; KRW 00,000 on July 21, 2014; KRW 00,00 on August 2, 200, KRW 00; and KRW 75,00 on September 20, 205; and KRW 8,000 on May 10, 205; and KRW 8,200 on the acquisition of the remainder to the Plaintiff as follows.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, and Eul evidence Nos. 1, the summary of the plaintiff's assertion as to the purport of the whole pleadings, and the defendant did not enter into the contract at the time of entering into the transfer agreement of this case, but the defendant did not enter into the contract

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