(영문) 서울중앙지방법원 2017.04.27 2016가합555684

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(영문) 서울중앙지방법원 2017.04.27 2016가합555684

대여금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff company was established for the purpose of installing and managing the ASEAN-do organic center and vending machine in Japan, and the defendant was the former representative of the plaintiff company.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff asserted in this case that the Plaintiff requested the payment of the loan based on the following monetary loan contract document (hereinafter “instant certificate”) written in the name of the Defendant on January 11, 2008.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 201,00,000, which is a part of the amount that was borrowed from the Plaintiff on the basis of the instant deed and did not repay the amount.

The lender and the defendant enter into a monetary loan contract between the plaintiff and the borrower as follows:

Article 1 (Substitution) The lender and the Borrower have lent to the Borrower 298,000,000,000 each day, and the Borrower has received the loan from the Borrower without any mold.

Article 2 (Interest) Interest shall be at the rate of 3.25% per annum for principal.

Article 3 (Period of Repayment on Interest Basis and Principal) The Borrower shall prohibit the interest from being paid to the bank account of the lender on the 25th day of each month.

Article 4 (Amount of Damages in Arrears) If the borrower fails to pay the principal within the prescribed period, the amount of damages in arrears shall be paid at the rate of 140% per annum for the principal.

Article 5 (Loss of Fixed Benefit) In the following cases, a lender shall automatically lose his interest during a period of time even though there is no peremptory notice from the lender, and shall pay the principal immediately:

1. Where no interest is paid at any time within a period;

2.If the borrower has received an application for compulsory execution, auction, bankruptcy, commencement of corporate reorganization, commencement of corporate reorganization, or commencement of legal management due to any other debt, C, a joint and several surety, which is a joint and several surety, of Article VI (Joint and Several Guarantee) shall guarantee the borrower's principal debt and shall be responsible for the borrower's performance.

Article 7 (Agreement Jurisdiction) If a dispute arises on this case, the Court at the place of residence of the lender shall be the Court.

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