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(영문) 서울북부지방법원 2019.07.18 2018나3678
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 16, 2012, the Defendant borrowed KRW 78,000,000 from the Plaintiff, setting the lending period of 36 months (which is extended to 85 months thereafter) and the overdue interest rate of 28.9% per annum.

(hereinafter “instant loan obligations”). (b)

From January 20, 2015, the Defendant lost the benefit of time due to delay in the payment of the principal and interest. From August 20, 2017, the Defendant delayed the payment of the principal and interest KRW 119,301,732 (= principal and interest KRW 67,74,850) as of August 9, 2017.

C. On the other hand, the obligees against the Defendant constituted the Credit Group Operating Committee, and around June 18, 2015, the Representatives, etc. of Credit Group Operating Committee prepared a “payment contract on the amount of debt as payment in kind for the amount of debt” with the content that “the obligees agree to pay in full the debt to the obligees attached to the attached Form one million tons of deferred coal” with the Defendant.

(hereinafter “instant accord and satisfaction contract”) D.

In the instant payment contract for accord and satisfaction, the Plaintiff stated that “the representative of the claim group, etc. shall pay an amount by the ratio of the amount of debt to the creditor’s amount attached to the net profit remaining after selling an unpaid coal, and the creditors who signed and sealed the list of creditors attached thereto shall agree to the above contents.” The Plaintiff stated that “the debt status attached to the instant payment contract for accord and satisfaction is KRW 100,000,000 per month,” and affixed a seal as the creditor.

E. In addition, the instant payment contract states that “When the Defendant issues to seven (7) members of the claim management committee a bill with executory force under the terms of the payment contract for accord and satisfaction, the obligee will not raise any objection against the Defendant, which is a civil or criminal charge.” On July 9, 2015, the Defendant issued a promissory note of KRW 20,638,700,000 under the instant payment contract for accord and satisfaction (hereinafter “instant promissory note”) and the head of the claim management group C issued the instant promissory note.

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