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(영문) 수원지방법원 2017.05.16 2016가단513476
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 10, 2006, D Co., Ltd. (the representative director, Defendant B, hereinafter “Nonindicted Company”) acquired one floor of the F shop located in Suwon-gu, Suwon-si (hereinafter “the instant store”) from E for the purpose of operating the adult amusement room, and prepared a sales contract or a loan certificate (the A; hereinafter “the instant loan certificate”). On the same day, the Defendants were the debtor against E of the non-party company based on the instant loan certificate: The non-party company creditor: in borrowing KRW 190 million per day below, the non-party company creditor shall pay KRW 240 million including the principal and interest.

Details

1. Receiving KRW 30 million and premiums for a shop on the first floor located in Suwon-si F, Suwon-si, and KRW 90 million;

2. Borrowing of 100 million won in cash;

4.The borrowed amount shall be repaid in 20 million won per month, including the principal and interest.

5.In the event that principal and interest are in arrears, the amount in arrears shall be repaid by adding 3 per cent (3%) interest per month.

9. The store mentioned in the above paragraph 1 above shall be transferred on or before May 15, 2006 all the terms of this contract.

The debt was jointly and severally guaranteed.

The main contents of the loan certificate of this case are as follows:

B. On June 2007, the Plaintiff collected the deposit amount of KRW 30 million and premium amount of KRW 9 million from the Defendant and appropriated it for the partial repayment of the principal and interest of the instant loan.

C. On May 17, 2007, the Plaintiff received a claim attachment and collection order under the Jung-gu District Court Decision 2007TTT3056 on the surplus distributed to Defendant B from the voluntary auction procedure for the apartment owned by Defendant B, and collected KRW 33 million on June 5, 2008, and appropriated it for the partial repayment of the principal and interest of the instant loan.

C. On January 30, 2012 and February 17, 2012, the Plaintiff received, instead of refund of the tobacco consumption tax and the local education tax of H, a corporation substantially operated by Defendant C, and appropriated KRW 147 million among them to partly repay the principal and interest of the instant loan.

[Grounds for recognition] Unsatisfy, A No. 1.

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