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(영문) 광주고등법원 (전주) 2018.05.17 2016나399
대여금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. 1) The Defendant’s relationship with the parties: (a) From March 22, 2004, the hospital C in the Jeonbuk-gun (hereinafter “instant hospital”) from the Jeonbuk-gun.

(2) On May 23, 2005, the Plaintiff or the limited liability company G (hereinafter “G”), H (hereinafter “H”), I, and F, all of the finance related to the operation of the above hospital was in charge of D (the name at the time of this case; hereinafter the Plaintiff was in charge of D’s early kysium. 2) The Plaintiff deposited money in the name of the Plaintiff or the limited liability company (hereinafter “G”), H (hereinafter “H”), H (I, and F) from May 2004 to November 2005, as indicated in the attached Table in the name of the former bank account (Account Number E; hereinafter “instant account”).

B. The plaintiff in the lawsuit of this case is a notary public's notarial deed of a loan for consumption (quasi-loan for consumption) contract (hereinafter "notarial deed of this case"), No. 2282 (Quasi-Loan for Consumption) contract, 2006 (Quasi-Loan for Consumption).

A) The notarial deed was submitted. On July 6, 2006, the notarial deed of this case was submitted to the creditor, the debtor, and D entrusted the creditor with the preparation of the notarial deed as the representative of both the original defendant. On July 6, 2006, the debtor recognized the creditor as 150,000,000 won based on the loan certificate as of June 30, 2006, and offered to the creditor as of June 30, 2004 in accordance with the following provisions, and the creditor consented to the repayment. The full repayment of the notarial deed of this case is made by June 30, 206. Article 3 (Interest and Method of Performance) and Article 5 (Damages Damages for Delay: 2) The specific contents of the notarial deed of this case are as follows, and are attached thereto on June 30, 2004 (hereinafter “the notarial deed of this case”).

The loan certificate of this case is written in a printed letter including the name of the defendant, and the defendant's seal is affixed on the name of the defendant.

A loan certificate 150,000.

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