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(영문) 서울중앙지방법원 2017.04.26 2016나78617
대여금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant shall be jointly with the co-defendant A of the first instance trial.

Reasons

1. Basic facts

A. The co-defendant A of the first instance trial (hereinafter “A”) has operated a general restaurant in Jongno-gu Seoul Metropolitan Government F in its trade name since 1980.

B. The Korea Exchange Bank (hereinafter “Plaintiff”) as of September 1, 2015 changed to the Plaintiff, a trade name as of September 1, 2015; hereinafter “Plaintiff”) lent money to A twice as indicated below.

(hereinafter “each of the instant loans”). On February 7, 2013, the amount (the purpose of funds is to use) calculated by dividing the instant loans into a single loan and a single loan to a large amount (hereinafter “each of the instant loans”). On February 8, 2014, KRW 88,000,000 for a corporate general loan on February 14, 2013, KRW 30,000 for a corporate general loan on June 14, 2013.

C. On November 8, 2013, the Defendant entered into an agreement with A to transfer or acquire the right to permit a restaurant (business report) and all facilities from A. On the same day, the Defendant reported the succession to the status of a business operator to the head of the Gu in Seoul Special Metropolitan City, and completed the business registration by making the trade name on November 15, 2013 as before C.

On August 6, 2015, the defendant transferred to D all the rights to permit a restaurant (business report) and facilities, and D changes the trade name of the above restaurant to E and is currently in operation.

E. As of July 20, 2015, the details of principal and interest of each of the instant loans against A and the overdue interest rate for each of the instant loans against A are as listed below:

At the end, this rate of 79,675,00 won, 15,380, 219 won, 14.712% from June 14, 2013, 14.61, 684 won, 14.619% from June 19, 201, 14.619% from 92,522,000 won, 20,391,903 won from February 7, 2013, each statement of 79,67,00 won from February 14, 2013, 199: (a) there is no dispute; (b) Gap's 1,4,6,70 won (including the number number if any); (c) the response to the order of the director of the tax office to submit tax information on the paper of the court of first instance to the director of the tax office; and (d) the purport of the Jongno-gu Public Health Center's inquiry of the results and the entire pleadings.

2. Determination as to the Plaintiff’s claim

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