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(영문) 부산고등법원(창원) 2015.01.29 2014나904
대여금등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established on November 15, 200, and C was registered as the representative director of the Plaintiff until July 29, 2009, and D, the wife of C, was registered as the representative director of the Plaintiff until July 29, 2009.

From the end of February 2003, the Defendant was in the same business relationship with C, such as purchasing land from the window E of Changwon-si and one parcel of land for the purpose of establishing a motor vehicle environmental research institute, along with the representative director C at the time of the Plaintiff from the end of February 16, 2004, and completing the registration of transfer of ownership of shares.

B. The Plaintiff offered C’s shares as security among co-owned land of the Defendant and C and borrowed KRW 150 million from the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) on March 3, 2006 and KRW 60 million on February 26, 2008, respectively.

(hereinafter referred to as “previous loan”). (c)

On March 18, 2008, the Plaintiff offered the Defendant’s shares as additional collateral and received a loan of KRW 100 million from a foreign exchange bank (hereinafter “instant loan”), deposited KRW 9,950,00 from a foreign exchange bank on the same day, and then remitted KRW 98,452,00 from March 19, 200 to the Defendant’s account.

On March 19, 2008, the Defendant and C drafted and rendered to the Plaintiff the following certificates of borrowing (No. 1, hereinafter “the instant certificate of borrowing”).

The loan certificate shall be borrowed on a daily basis (100,000,000) basis, subject to the following conditions:

-Ar -

1. The loan period shall be up to the date on which it is borrowed (which shall not be identified);

2. Interest on loans shall be 8.386% per annum on loans and shall be subject to the fluctuation rate.

3.In the event that interest under paragraph 2 above is not paid, the sum of the interest in arrears and the principal shall be the amounts borrowed.

The borrower of March 19, 2008: (a) the borrower of March 19, 2008: (b) the plaintiff (Signature) had no dispute over the grounds for recognition; (c) the Gap's 1, 2, Eul's 1-1 and 2; (d) the witness C of the first instance trial; and (e) the foreign exchange bank of the court of the first instance.

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