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(영문) 서울중앙지방법원 2017.09.20 2017가단5107554
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 172,35,736 and the amount of KRW 9,208,975 from January 20, 2017 to the day of full payment.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the "creditor" is deemed to be the "defendant" for the plaintiff and the "debtor". 【The grounds for recognition】 Each entry and the purport of the whole pleadings in the evidence Nos. 1 to 4

B. As to this, the defendant asserts that the bill was discounted to the plaintiff and did not have been loaned to the plaintiff, which was approved as the payment from the Mountainous Construction Co., Ltd.

However, in full view of the written evidence Nos. 1 and 4, the Defendant entered into a B2B loan agreement with the Plaintiff as collateral for credit sales claims. According to this agreement, if the Plaintiff received direct payment from the customer and appropriated the loan, but the customer fails to pay all or part of the sales claims at the due date, the Defendant’s assertion is acceptable.

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.

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