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(영문) 서울동부지방법원 2016.07.22 2015가단10814
대여금
Text

1. The Defendant’s KRW 50 million to the Plaintiff, as well as 5% per annum from March 1, 2004 to May 12, 2015.

Reasons

1. Basic facts

A. At the time of December 2, 2002, the Defendant prepared a letter of payment with the following content to the Plaintiff, which was the representative director of C Co., Ltd. (hereinafter, a newspaper company). On the same day, a notary public obtained the said letter of payment from the law firm grade to the law firm grade 2507.

(The following bottom portion is the defendant's writing). He proves, as a note, that by November 30, 2003, B, the debt, until November 30, 2003, shall be liable and payable to A without title, for the payment of the above amount as to the share transfer terms of 40% of the shares of the issuer, as well as for the share transfer terms of 50,000,000 won (ju) C representative director and the issuer.

except that (1) This letter shall be notarized in order to fully form the legal effect.

(2) No objection may be raised against a debt if the debt is unable to complete payment within the due date on November 30, 2003, and civil or criminal legal measures shall be taken against the debt.

3. The amounts specified in this Note shall be repaid in cash.

Provided, That on December 8, 200, the office shall be transferred to the office, and all equipment shall be excluded from one computer of beer with the condition that B is taken over, and shall be included in the surrounding equipment on December 2, 2002: B creditor:

B. On or before December 8, 2012, the Plaintiff left the newspaper company’s office and brought one knin, one computer, and its peripheral devices, and transferred the remainder of the equipment and documents to the Defendant. On December 17, 2002, the Plaintiff resigned from the office of director and representative director of the newspaper company, and 40% of the shares of the newspaper company (4,000 shares) were also transferred to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 5-4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the plaintiff performed the obligation based on the letter of payment in this case and the due date has arrived. Thus, the defendant, barring any special circumstance, shall pay to the plaintiff the damages for delay incurred between March 1, 2004 and November 30, 2003, the due date and the due date for payment, as claimed by the plaintiff, as the plaintiff, from March 1, 2004 to the due date.

3.

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