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(영문) 부산지방법원 2016.11.10 2014가합14996
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) Defendant C borrowed money from the Plaintiff on several occasions on May 11, 2010 and settled the borrowed money at KRW 100 million between the Plaintiff and the Plaintiff on May 1, 2010, and then 100 million from the Plaintiff on May 1, 2010 (hereinafter “the first loan”).

(B) On December 31, 2010, the Defendant B medical consumer cooperative (hereinafter “Defendant B medical consumer cooperative”) was drawn up a notarial deed under the monetary consumer loan agreement with the purport that (a) the debtor would have no objection even if he/she was immediately subject to compulsory execution; (b) the debtor would have paid 30% of the annual damages for delay in the event of the above payment; and (c) the debtor B medical consumer cooperative (hereinafter “the debtor cooperative”).

(2) On May 20, 2010, the Plaintiff and the Defendant Union agreed to lease the funeral home of the D Hospital, which is expected to be newly built to the Plaintiff, to KRW 500 million, and appropriated the said KRW 100 million as part of the lease deposit. If the above funeral home is not leased, the Defendant C agreed to pay the said KRW 100 million jointly with the Defendant C, and thereafter, the Plaintiff could not lease the said funeral home. (2) From September 29, 2010 to February 22, 2013, the Defendant C additionally borrowed the Plaintiff KRW 125 million (hereinafter referred to as “the second loan”).

The loan interest rate of 0. 8,50,000 on September 29, 2010 no agreement exists on November 13, 2012, 201. 3,8: 3,800,000 on November 30, 2012; 4,000,00 on February 10, 201; 12,00,000 on December 1, 200, 200; 1.3,00,00 on December 1, 200, 200; 1.3,00 on December 1, 200, 200; 1.3,00,00 on March 22, 201; 1,000,00 on December 13, 200, 200;

B. On May 4, 2010, the Plaintiff rendered judgment 1, 200,000 won to Defendant C.

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