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(영문) 의정부지방법원 2018.05.18 2017가합53224
청구이의
Text

1. The Defendant’s payment order based on the repayment order for the loan case No. 2014 tea2640 against the Plaintiff.

Reasons

1. Basic facts

A. From December 2006, the Plaintiff began monetary transactions with the Defendant, and around January 2008, the Plaintiff opened a dental clinic (hereinafter “instant dental clinic”) on the Macheon-si C and the 2nd floor.

B. From March 2009, the Plaintiff borrowed operating funds from the Defendant several times to operate the instant dental services.

On May 20, 2013, the Plaintiff prepared and delivered the loan certificate (hereinafter “the first loan certificate in this case”) to the Defendant as of May 20, 2013, and the contract constituting the cause for the preparation of the first loan certificate in this case is as follows.

The next increase in the amount of n.e., KRW 250,000,000 for n.e., KRW 250,000 for n.e., KRW n., KRW n.e., KRW n.e., KRW n.e., KRW n.

I agree to fully borrow the above amounts and sell and return the D value and hospital located in Seocheon-si, Gyeonggi-do.

When the plaintiff desires to open a dental hospital again in another place after the repayment of the borrowed amount (100 million won per day, 100,000,000) shall be returned.

C. On January 15, 2014, the Plaintiff again prepared and delivered the loan certificate (hereinafter “the second loan certificate of this case”) to the Defendant as of January 15, 2014, and the contract which caused the preparation of the second loan certificate of this case (hereinafter “the second loan contract of this case”). The main contents are as follows.

The next amount of loan borrowed: 300,000,000 (30,000,000) the Plaintiff borrowed from the Defendant the above borrowed amount on January 15, 2014.

The due date shall be determined by May 30, 2014, and interest shall be paid in KRW 3 million per month.

January 15, 2014

D. On September 22, 2014, the Defendant asserted that the Plaintiff lent KRW 300 million to the Plaintiff operating the instant dental license from around 2010 to on several occasions as operating funds, and sought the return of KRW 300 million and damages for delay thereof, etc., by asserting that “The Plaintiff operating the instant dental license from around 2010 to around January 15, 2014.”

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