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(영문) 수원지방법원안양지원 2015.10.29 2014가합5345
대여금
Text

1. Defendant B’s KRW 125,00,000 as well as 5% per annum from February 11, 2014 to October 10, 2014 to the Plaintiff.

Reasons

On November 3, 2006, the Plaintiff entered into a contract with Defendant B, who was an agent of D on November 3, 2006, to acquire shares in D’s possession (50/750) to “F company” located in Nam-si E in Nam-si, Nam-si, and paid KRW 125,000,000 to Defendant B on the same day.

On July 2008, the Plaintiff demanded D to implement the above equity transfer procedure, but knew that D was not paid the above transfer price, and asked D to enforce the process.

On February 10, 2009, Defendant B made a monthly interest rate of KRW 125,00,000 (50/70) equivalent to 0.8% of the above amount, and paid KRW 1,000,000,000 to the F Company’s interest per month, with Defendant C, who is one’s own wife, as the debtor, and as the witness, as to himself, as to the Plaintiff, and KRW 1,25,000,000,000,000 of the principal on February 10, 2014, when the F Company’s management is normal, and then paid after deducting all expenses, and if the F Company’s equity is not in progress, the principal amount shall be paid in excess of 125,00,000,000, with the statement that “if the F Company’s share trading contract is null and void and waives its property right exercise, Defendant B made a signature and seal affixed to each of the above F Company C and the debtor, respectively.

Defendant B paid the interest specified in the instant loan certificate to the Plaintiff and did not pay it from October 2012, and the Plaintiff filed an application for the instant payment order with the Defendants jointly and severally against the Defendants for the payment of KRW 125,00,000,000 and damages for delay.

【Partial grounds for recognition” did not dispute, and according to the facts acknowledged prior to the determination as to the claim of Defendant B as to the purport of the entire entries and arguments in Gap evidence Nos. 1 through 4 (including each number), the defendant B owns D from the plaintiff.

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