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(영문) 수원지방법원성남지원 2020.08.11 2020가합106
대여금
Text

1. As to KRW 1,313,535,341 and KRW 20,00,00 among the Plaintiff, the Defendant shall start from August 7, 2018 to December 16, 2019.

Reasons

1. Basic facts

A. Plaintiff (mutual name before being changed to July 12, 2019: C) is a stock company with the purpose of manufacturing and selling the wing paper for semiconductor manufacturing. The Defendant is a stock company with the purpose of exporting cosmetics, foodstuffs, household goods, etc.

B. The Plaintiff determined that KRW 1,00,000 on July 2, 2018 and KRW 2,000,000 on July 2, 2018 due date for reimbursement of KRW 6% per annum, and determined that July 17, 2018 due date for reimbursement of KRW 1,00,000,000 on July 17, 2019 and interest rate of KRW 6% per annum, and determined that August 7, 2018 were due date of reimbursement of KRW 2,00,000 on August 7, 2019 and interest rate of KRW 6% per annum, and lent KRW 1,10,000,000 on September 21, 2018 to interest rate of KRW 6% per annum.

(B) The loan of this case (hereinafter collectively referred to as "the loan of this case"), and the contract of this case (hereinafter referred to as "the loan of this case").

The Defendant paid the Plaintiff KRW 40,00,000 on July 2, 2018, KRW 20,000 on the instant loan, KRW 20,00 on July 17, 2018, KRW 20,000 on August 7, 2018, KRW 1,400,000 on September 20, 2018, KRW 10,000,00 on September 23, 2018, KRW 40,000 on February 25, 2019, KRW 3,00,000 on the loans, and KRW 3,00,000 on the loans were appropriated in sequential order, and the loans were appropriated in advance of the principal amount of KRW 4,98,00 on September 14, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Judgment on the Defendant’s main defense

A. The defendant set forth the Seoul Central District Court as the exclusive jurisdiction court in the loan agreement of this case. Thus, the defendant's defense of this case is not subject to jurisdiction in this court.

B. According to the records, the Seoul Central District Court has jurisdiction over the loan agreement of this case, which provides that "if a dispute over a lawsuit arises in connection with this contract, the Seoul Central District Court shall have jurisdiction over the contract of this case."

However, if the parties have expressly agreed exclusively or additionally on the jurisdiction, it shall be in accordance with the agreement, but if there is no express agreement, the court of law shall be in accordance with the law.

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