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(영문) 청주지방법원 2017.10.19 2017나712
대여금
Text

1. The plaintiff, among the claims against the defendant B by the court of first instance, falls under the following amount of money ordered to be paid.

Reasons

1. Basic facts

A. On October 10, 2007, Defendant B borrowed KRW 16 million from the Plaintiff, and set up a certificate of borrowing that Defendant B shall pay 30% interest per annum and the due date until November 10, 2007, respectively, until February 10, 2009, and deliver to the Plaintiff a certificate of borrowing that Defendant B shall pay 1,00,000 won per month until February 10, 2009, and there is the signature and seal of Defendant C, who is the child of Defendant B, in the joint and several surety column of the above certificate of borrowing.

In addition, on October 11, 2007, the Plaintiff and Defendant B drafted a notarial deed of debt repayment contract (quasi-loan for consumption) in relation to the instant loan (hereinafter “notarial deed of this case”) by No. 2056, No. 2007, a notary public office of the Cheongju District Prosecutors’ Office, which belongs to the Cheongju District Prosecutors’ Office.

B. Meanwhile, on October 11, 2007, Defendant B entered into a contract for the transfer and acquisition of a place of business (hereinafter “instant transfer and acquisition contract”) with the content that it transfers to the Plaintiff all the rights regarding the restaurant (hereinafter “Ecafeteria”) in the name of Defendant B’s operation, as well as the contract for the transfer and acquisition of a place of business (hereinafter “instant transfer and acquisition”) on the same day, and on the same day, Defendant B transferred 4 million won of Defendant B’s credit against Nonparty B to the Plaintiff, but in the event that the Plaintiff receives the said credit amount, the said credit amount shall be reduced from KRW 16 million to KRW 14 million (hereinafter “instant transfer and acquisition contract”).

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. The summary of the parties' assertion 1) The plaintiff is referred to as "the defendant B (hereinafter referred to as "the defendant") in paragraph 2.

With respect to the claim against B for the payment of the loan amount of KRW 16 million and the interest in arrears, the Defendant entered into the instant contract for the transfer of the instant restaurant to the Plaintiff in lieu of the repayment of the loan amount to the Plaintiff.

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