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(영문) 서울남부지방법원 2019.07.19 2018나61701
대여금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On April 7, 2015, the Plaintiff loaned KRW 200 million to the Defendant, and D guaranteed this.

(hereinafter “instant loan obligations”). The loan certificates drawn up by the Plaintiff, the Defendant, and D on April 7, 2015 are as follows:

The Plaintiff, on April 7, 2015, remitted to the Defendant KRW 100 million, and KRW 100 million on April 8, 2015, respectively.

The plaintiff's creditor: The defendant's guarantor: The amount borrowed as D: this billion won (200,000,000 won) has been lent to the defendant as C's deposit (200,000 won) and the contract for the lease on a deposit basis has been owned by the plaintiff.

It shall be returned at the time of repayment.

The guarantee of this contract shall be made by D to be a clerk.

Interest shall be one copy for interest.

The repayment of interest (2 million won) and the principal (4 million won) shall be made equally in 50 months, along with the repayment of the principal (4 million won).

The repayment passbook shall commence once on May 7, 2015, and shall continue to be repaid to the Plaintiff at an early stage or at the time of business change.

When the principal is repaid, the Plaintiff returned the deposit contract along with the return of the loan certificate.

B. On November 16, 2015, the Plaintiff and the husband E of the Plaintiff’s birth D and D drafted a written agreement with the following terms:

(hereinafter “instant agreement”) No. B. Cases concerning reimbursement of B/L and claims for reimbursement

1. D above 200 million won (100,000,000 won) shall be repaid in cash.

(No. 23th day of November) and daily Won (100,000,000) shall be repaid to the National Assembly of the F Company G in terms of the number of shares (No. 23th day of November).

July 31, 16 (3 million won) 2nd September 30, 16 (2 million won) 3nd September 30, 16 (3 million won) 4th December 30, 16 (2 million won) 30th December 16

2. The loan shall be payable 57,900,000 won per day.

The suspended amount shall be calculated as two copies per annum at the end of September 10, 2016, beginning on December 10, 2015, the repayment of which is made in 5,790,000 won per month (10 installments).

Obligor: D Surety: E

C. On November 20, 2015, the Plaintiff, D, and E are authentic deeds (the Plaintiff, D, and joint and several sureties’s agent E) with the same content as the above agreement.

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