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(영문) 춘천지방법원 2015.08.11 2015가단51312
대여금
Text

1. The Defendant’s KRW 65,600,000 as well as 5% per annum from April 14, 2015 to August 11, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

3. Method of repayment: To pay 1,700,000 won (payment of principal and interest) per month to the creditor's agricultural bank account (C).

4. The monthly net sales of the clothing store (the amount obtained by subtracting product purchase and monthly rent from the gross sales) shall be automatically transferred to A’s Agricultural Account on the 30th day of each month, 10 million won or less, 3 million won or more, 15% if they are at least 3 million won, 20% if they are at least 4 million won, 25% if they are at least 5 million won, 30% if they are at least 6 million won, and 35% if they are at least 7 million won.

5. The distribution of profits shall be made by October 2019 and the ratio of distribution of profits and the period for such distribution shall, after the termination of the contract ( October 30, 2019), be renewed after consultation;

(b) lose the benefit of time without peremptory notice and immediately redeem the remaining debt and money division and waive all the powers of the clothing store. If (a) the payment of principal and interest and the payment of profit has been delayed not less than three times;

A. On October 30, 2014, the Plaintiff entered into a contract with the Defendant to lend KRW 70,000,000 (hereinafter “instant loan”) to the Defendant on condition that the Defendant redeems the instant loan in installments for 36 months until October 30, 2017 (hereinafter “instant contract”). The main contents of the said contract are as follows.

The defendant was paid KRW 1,700,000 on every 30th day of the month.

B. In addition, the Defendant agreed to open and operate the clothing store with the amount loaned from the Plaintiff until October 30, 2019, when the monthly net sales of the clothing store is below 3,000,000 won, 10% of the sales amount, 3,000,000 won or more, when the sales amount exceeds 20%, 25% of the sales amount when the sales amount exceeds 5,000,5,000 won when the sales amount exceeds 25%, 6,000,000 won when the sales amount exceeds 30%,7,000,000 won when the sales amount exceeds 30% of the sales amount, 35% of the sales amount as the sales amount.

B. Under the instant contract, the Plaintiff delivered KRW 70,000,000 to the Defendant from October 2014 to November 201, 2014.

(c).

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