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(영문) 서울남부지방법원 2017.09.14 2016가합3707
대여금 (시효연장을 위한)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s initial loan and repayment 1) C Co., Ltd. (hereinafter “C”) as of December 5, 2014, deeming the completion of liquidation as of December 5, 2014

(2) On November 14, 2003, the Defendant, the representative of which was C, prepared an agreement stating that “C representative director shall borrow KRW 400 million from the Plaintiff and pay KRW 400 million to the Plaintiff the sum of KRW 400 million in the principal amount within 6 months from the date of borrowing: Provided, That the Defendant shall, within 6 months, endeavor to additionally pay KRW 100 million within a 40-lane and KRW 100 million within 20-lane,” stating the “C representative director’s seal” in the letter of commitment as the end of the above agreement, signed by the Defendant, and issued a promissory note with the Defendant’s signature on the date on which the issuance date of the above agreement was 10 million and KRW 100 million to the Plaintiff.”

3) After July 19, 2004, the Defendant repaid to the Plaintiff a total of KRW 350 million on July 29, 2004, KRW 350 million on July 29, 2004, KRW 100 million. (b) On August 31, 2004, the Defendant drafted a loan certificate (the first agreement) with the Plaintiff, “The amount of KRW 350 million on August 31, 2004, KRW 350 million on the due date, KRW 50 million on December 31, 2004, KRW 50,000 on December 31, 2004, KRW 60 per annum (the annual payment, KRW 31,00 on the 31st day of each month), Defendant C, Defendant Company F (the Defendant’s mother’s representative), Defendant, and creditor.

2. The defendant, on October 22, 2004, promises the plaintiff to enter into the second agreement due to the non-performance of the first agreement.

Until December 31, 2004, the principal under the above first agreement and interest in 300 million won added to the principal and interest in 15.5 billion won.

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