logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.07.18 2016가단259244
대여금 등
Text

1. The Plaintiff, Defendant B’s 200,000,000 won, and the case construction used by Defendant B from December 23, 2016.

Reasons

1. Facts of recognition;

A. When Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) received a “C Corporation” from the Seoul Metropolitan Government, Defendant B requested the Plaintiff to lend KRW 100,000,000 to the new industrial development (former trade name: New Construction Industry) that is a company related to the Plaintiff.

The repayment period set the time when the defendant company concludes a contract with the Seoul Metropolitan Government and receives the advance payment.

B. On November 26, 2013, the Plaintiff trusted Defendant B’s horses, and lent KRW 100,000 to the Defendant Company.

C. The Defendant Company is not entitled to order C Corporation from Seoul Special Metropolitan City until several years have elapsed since it borrowed KRW 100,000,000.

As the Plaintiff urged the repayment of the loan, Defendant B drafted a new agreement by May 10, 2016.

Where a written agreement is not implemented due to the reasons of Defendant B, loans of KRW 100,000,000 and brokerage fees shall be paid twice as penalty for the development of new industry.

“A” written a written confirmation (Evidence 4) and issued it to the Plaintiff.

E. Defendant B is above D.

Any non-compliance with the content of the certificate as described in paragraph.

F. On June 7, 2017, new industrial development corporation: (a) transferred the claim amounting to KRW 200,000,000 against Defendant B to the Plaintiff; and (b) delegated the authority to notify the assignment of the claim.

The plaintiff's brief stating this fact was served on June 12, 2017 on defendant B.

[Ground of recognition] Each entry of Gap evidence 1 to 8 (including the number of papers) and the whole pleading, the purport of the whole pleading, and the facts clearly stated in the record

2. According to the facts stated in Paragraph 1, the new industrial development of the Defendant Company, on May 21, 2016, acquired a claim amounting to KRW 200,000,000, equivalent to twice the loans extended to the Defendant Company against Defendant B.

In addition, the defendant company may borrow 100,000,000 won from the plaintiff and then set C Corporation from Seoul.

arrow