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(영문) 서울남부지방법원 2016.11.30 2016가단12261
대여금
Text

1. The Plaintiff, Defendant C, and Defendant B, jointly and severally with Defendant C, KRW 10 million out of the above amount, and each of them.

Reasons

1. Defendant B, who caused the Plaintiff’s claim, shall prepare and deliver to the Plaintiff a cash storage certificate (referring to a tea certificate, A certificate of loan 1; hereinafter the same shall apply) stating that the amount of KRW 50,000,000 from March 12, 2015 shall be five times every year from November 30, 2015 to December 30, 2019 that the said amount shall be KRW 10,000,000 to be leased to the Plaintiff, but Defendant B, who shall not pay KRW 10,000 to the Plaintiff for the benefit of time, shall still sell the entire amount of KRW 30,000,000 to the Plaintiff’s debt owed to the Plaintiff and shall be deemed to have been sold to the Plaintiff on January 20, 2016 to the extent of “Defendant B’s 138,000,0000,000 of the above debt owed to the Plaintiff” (hereinafter “Defendant C’s 200,”).

Therefore, it is reasonable to view that the instant store was offered as a means to secure the obligation of KRW 30 million, not as an accord and satisfaction contract to extinguish the said obligation by transferring the said store to repay the obligation of KRW 30 million (see, e.g., Supreme Court Decision 2012Da11648, Jan. 16, 2013). Accordingly, the Defendants’ assertion on this part contrary thereto by the Defendants’ assertion on October 26, 2016.

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