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(영문) 창원지방법원 2017.11.09 2016나60246
전부금
Text

1. Upon receiving a claim for a change in exchange at the trial, the defendant shall pay to the plaintiff KRW 100,000,000, and the defendant shall pay to the plaintiff on December 2012.

Reasons

1. Basic facts

A. The Plaintiff’s loan claims against Bathrooms Shipping Co., Ltd. (hereinafter “Bathrooms Shipping”) lent KRW 50,000,000 annually to Bathrooms Shipping Co., Ltd. on October 29, 2009, interest rate of KRW 30,000 on August 30, 2010, interest rate of KRW 50,000 on November 25, 2009, interest rate of KRW 30% per annum, and due date of payment on December 31, 2009.

On December 21, 2012, the Plaintiff filed an application for payment order against Bathrooms Shipping seeking the above loans, interest thereon, or delay damages, and received payment order from the Daegu District Court Kimcheon-si, Kimcheon-si, 2012. The above payment order became final and conclusive around that time.

B. On June 25, 2010, bathing Shipping Co., Ltd.: (a) concluded a contract with the Defendant to purchase KRW 2,450,000 vessels of KRW 220,00 on June 25, 2010; (b) paid KRW 500,000,000 in total on two occasions; and (c) thereafter, the vessel sales contract was cancelled on October 3, 2010 due to the discharge of the obligation to pay the remainder of the purchase and sale of bathing Shipping; (d) the lawsuit for the claim for the return of down payment against the Defendant (original District Court Decision 2012Da7342, Busan High Court Decision 2013Na3234, Busan High Court Decision 2000, excluding penalty for delay to be returned to the Defendant under the vessel sales contract; and (e) the court and appellate court of first instance determined that the Defendant’s restoration to the bathing Shipping was equivalent to KRW 100,000 and damages for delay.

C. The act of issuing promissory notes and the litigation of revoking the fraudulent act against Bioethics Shipping was completed 1) The Bioethics Shipping Co., Ltd. on December 15, 2010 (hereinafter “Large Heavy Industries”) (hereinafter “Large Heavy Industries”).

After issuing promissory notes worth KRW 340,00,000 at face value to each other, on March 9, 201, a notarial deed stating the purport of recognizing compulsory execution with respect to the said Promissory Notes was prepared. 2) On March 25, 2011, the Large-Scale Industries is based on the executory exemplification of the said notarial deed, and is supported by the Changwon District Court on March 25, 201.

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