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(영문) 수원지방법원 2017.06.13 2016가단541921
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On the other hand, around January 21, 2016, the Defendant entered into a contract on the premium for commercial building lease (hereinafter “instant premium contract”) with Nonparty C (the People’s Republic of China) and the business establishment “E” on the fourth and fourth floor of Osan City D and Osan City (hereinafter “E”).

According to the instant premium contract, the Defendant paid KRW 30 million out of total premium of KRW 90 million at the time of the contract, and paid KRW 30 million until January 25, 2016, and the remainder KRW 30 million until June 29, 2016.

On January 18, 2016, the Defendant paid KRW 35 million to C.

B. On January 27, 2016, the Defendant entered into a monetary loan agreement with the Defendant (hereinafter “instant loan agreement”) with a view to raising the remainder of KRW 55 million among the said premium, and the said borrowed money was paid to Nonparty C as the said premium.

(B) The Borrower, however, seems to have paid 5,00,000 Won by the Plaintiff directly to C: B (Defendant) above, by borrowing KRW 55,00,000, the following arrangements:

1. Date and time of borrowing: On January 27, 2016: The borrower shall use the amount above for the payment of the premium for the business of the business establishment of the business establishment of the fourth-story E in Busan.

3. The due date and the method for payment: The above loans shall be repaid in the bank account in an amount calculated by adding 3% interest to 500% as at the end of each month until December 31, 2016.

6.The Borrower shall provide the business rights of the workplace as security in preparation for any default of payments.

In this regard, the Plaintiff and the Defendant concluded a business transfer agreement.

(No. 5). (c)

Meanwhile, on the other hand, F, the legal spouse of the Plaintiff, at the Suwon District Court on May 23, 2016, is a criminal fact that: (a) the instant business establishment was leased from November 1, 2014 to “E” and arranged sexual traffic in the course of operating a commercial sex business establishment from November 3, 2014 to September 8, 2015; (b) two years of suspension of execution in October.

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