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(영문) 서울남부지방법원 2017.07.11 2016가단224248
약정금
Text

1. Defendant B:

A. The Plaintiff’s KRW 90,000,00 and the Plaintiff’s annual rate of KRW 5% from March 28, 2014 to July 11, 2017.

Reasons

1. Summary of the plaintiff's assertion

A. In early 2014, the Plaintiff lent KRW 100,000,00 to Defendant B without interest.

B. Defendant B repaid KRW 10,00,000,000 out of February 17, 2014, and between the Plaintiff and the Plaintiff.

section 90,000,000 won for a loan-related loan agreement described in subsection 1

3. By making up to 27. A monthly interest shall be paid, and if the above is not observed, an owner of KRW 100,000,000 as the deposit for postnatal care centers shall be created as the Plaintiff.

'' has entered into an open contract with the content thereof.

C. Defendant B is obligated to pay to the Plaintiff KRW 90,000,000 as agreed on February 17, 2014 and delay damages therefor.

As a result, Defendant B did not pay KRW 90,000,000 to the Plaintiff by March 27, 2014, Defendant B’s Defendant C Co., Ltd. under the agreement on February 17, 2014.

Since the claim for the return of KRW 100,000,000 for the lease deposit against the Defendant Company was transferred for the repayment of the obligation against the Plaintiff by the Defendant Company, the Defendant Company is obligated to pay KRW 100,000,000 to the Plaintiff and its delay damages, or ② to notify the Defendant Company that the above claim for the return of the lease deposit was transferred to the Plaintiff on February 17, 2014.

E. The name of the lessee of the above postnatal care center lease agreement was modified from Defendant B to Defendant D according to the title trust agreement between Defendant B and D, and the above title trust agreement constitutes a fraudulent act. As such, the title trust agreement concluded between Defendant B and D on June 9, 2014 regarding the claims indicated in the same list should be revoked within the limit of KRW 90,000,000, and Defendant D is obligated to pay the Plaintiff KRW 90,000,000 and delay damages.

2. Determination

A. The purport of the entire pleadings is as follows: the evidence No. 2 to No. 6 of the claim against the defendant B.

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