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(영문) 부산지방법원 2016.11.23 2015가합42400
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant),

A. The Defendant (Counterclaim Plaintiff)’s obligation to each borrowed money listed in the separate sheet No. 1.

Reasons

1. The interest rate for loans due on the date of lending common basic facts / The interest rate for loans shall be 9 billion won per annum 50 million won per November 9, 2012 / The advance payment shall be 10% per annum 120 million won per annum 150 million won per December 3, 2012 / The advance payment shall be 10 million won per December 3, 2013 with respect to the total period on December 3, 2013, as evidence No. 2350, Jan. 12, 2014

A. From November 9, 2012 to January 12, 2013, Defendant Company respectively lent money to the Plaintiff as shown in the attached Table 1.

(hereinafter referred to as “instant 1 through 3 loans”) in the order of order. The content thereof is arranged in the table as follows:

The loan interest rate on the lending date / Method of maturity for payment of interest / Relevant evidence 4.15 million won per annum 15 million won per annum (20% per annum of delay damages) on May 2, 2013 / Payment on November 12, 2013 / Payment on the 15.3 billion won per annum 5.3 billion won per December 23, 2013 / Payment on the 12th day of December 23, 2014 / Payment on the 13th day of December 2014 / Payment on the 13th day of December 2014 no agreement under subparagraph A No. 60 million won per annum 4, 2014 / No. 700 million won per annum 50 million.

B. From May 2, 2013 to April 4, 2014, Defendant C, the representative director of the Defendant Company, respectively, lent money to the Plaintiff as shown in the attached Table 2.

(hereinafter referred to as “instant 4 through 6 loans” in the order of order. The content thereof is arranged in the table as follows:

Terms and Conditions of Agreement

1. Amount of loan: 1.3 billion won;

2. Interest rate: 14% per annum;

3. Date of payment of interest: Twelve days per month;

4. One year after the date on which the certificate of borrowing was prepared.

5. Current amount of the right to collateral security: Increase of 1.15 billion won to 1.6 billion won.

6. Transfer from a corporation which currently holds a right to collateral security to an individual;

7. The arbitr on December 6, 2013, 2013, 1.3 billion won loan, after drawing up a loan certificate as an individual, to obtain an executory certificate: Defendant C

C. On December 6, 2013, before the instant five loans exist, the Plaintiff and Defendant C concluded a written agreement with the following content as “A No. 11, A, and the Agreement dated December 6, 2013.”

d.

After filing the instant lawsuit, the Plaintiff.

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