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(영문) 서울고등법원 2016.01.14 2015나2029945
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates D Co., Ltd.

Since 2012, the Defendant and B were promoting an event of the name of “F Games” in which Chinese tourists are invited to Korea to operate a tourism business.

B decided to entrust D with domestic travel to Chinese tourists, which had been invited through the FF competitions on October 2012.

On November 1, 2012, 201. 10,000 won: 3,000,000 won on November 25, 2013; 50,000,00 won on November 15, 2013; 13,00,00 won on November 13, 2012; 10,30,000; 1.3,000,00 won on February 5, 2013, 200; 1.3,00; 1.3,00,00 won on February 3, 200, 200; 1.3,00,00 won on August 19, 2012; 1, 200, 3,000,000 won; 1,000 won on February 25, 200, 2000;

B. From November 1, 2012 to May 1, 2013, the Plaintiff remitted total of KRW 219,500,000 to the account in B, as listed below, and on February 5, 2013, remitted total of KRW 50,000 to the Defendant’s East G account in the Defendant’s East G, and remitted total of KRW 269,50,000 (hereinafter “instant money”).

C. On January 24, 2013, the Defendant offered as a collateral a certificate of waiver of security that “In the event that the Defendant fails to comply with the promise by April 25, 2013 on the loan billion won (200,000,000) for the goods offered as a collateral, the Defendant prepared and issued a certificate of waiver of security that “I will transfer all the responsibility and rights to the security” (hereinafter “certificate of waiver of security in this case”).

The FF Games was estimated on April 3, 2013, and B, on April 3, 2013, the Plaintiff “B” notifies the Plaintiff of the repayment schedule on May 1, 2013, with respect to the amount borrowed from the GYY 308,589,500.

provided that:

5.1. In the event that consultations have not been reached on a smooth repayment schedule, with respect to the daily amount of KRW 100,000, May 2013.

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