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(영문) 부산지방법원 2015.10.08 2013가합5070
손해배상(기)
Text

1. As to the Defendant A and B’s respective Plaintiff KRW 1,009,079,245 and KRW 994,905,274 among them, the Defendant A and B’s respective Plaintiff on February 1, 2013.

Reasons

1. Claim against the defendant A and B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act. Article 257 (Judgment without Oral Proceedings following Submission of Written Answer)

2. Claim against Defendant C, D, E, F, and G

A. Facts of recognition 1) The Plaintiff is Defendant E Co., Ltd. (hereinafter “Defendant E”) on July 19, 201.

Defendant C and D’s H golf membership 15 (hereinafter “instant golf membership”) issued by Defendant C and D

(1) On July 20, 201, Defendant A Co., Ltd. (hereinafter “Defendant A”) created a pledge with a maximum amount of debt KRW 1.8 billion, and on July 20, 201, it is deemed as Defendant A.

(1) The loan extended to a company as of July 20, 2012 (hereinafter referred to as “instant loan”) with a limit of KRW 1 billion and the agreed-term period.

(2) On October 2012, Defendant F and G, each of Defendant E’s representative directors and employees, issued the Plaintiff a written consent of pledge on each of the instant golf membership membership and a written confirmation of the golf membership membership entry into the instant golf membership. (2) On or around October 2012, the Plaintiff sought confirmation on the following grounds: (a) Defendant E was required to send official correspondence to Defendant E on February 6, 2013; (b) Defendant E did not deny or dismiss it.

3) The remaining balance of the instant loan, which was not collected as of the date of the closing of the instant argument, is KRW 94,905,274 with its principal, KRW 14,173,971 with interest on the loan from December 12, 2012 to January 31, 2013, KRW 1,009,079,245 (=94,905, KRW 274, KRW 14,173,971 with interest on the loan from December 12, 2012 to January 31, 2013; and the agreed delay damages rate applied from February 1, 2013 is 14.85% with interest on the agreed delay damages, which is applicable from February 1, 2013. [Grounds for recognition], there is no dispute, including the numbers, hereinafter the same shall apply).

each entry, the purport of the whole pleading

B. At the time of the Plaintiff’s assertion 1, Defendant C and D’s loan of this case, in collusion with Defendant F and G, the membership fee is not paid, and thus, the membership fee is true golf membership.

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