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(영문) 울산지방법원 2017.04.05 2016가합1652
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that carries on real estate sale and lease business, and Defendant C is the representative director of the Defendant Company.

B. Around April 20, 2007, the Plaintiff paid KRW 280,000,000 to the Defendant Company (hereinafter “the instant money”).

C. On April 20, 2007, the Defendant Company received the instant money from the Plaintiff, and ordered the Plaintiff to draw up a letter of payment with the same content as indicated below (hereinafter “instant letter of payment”).

The location of real estate in Ulsan Metropolitan City, Ulsan Metropolitan City: D amount to be paid by June 20, 2007 the above amount shall be payable not later than June 20, 2007 in the same amount, and shall be paid not later than June 20, 2007, in addition to the interest of the two hundred and eight million Won (2,80,000) per month at the time of the extension of the above period, and provisional registration shall be made on the above real estate to preserve the above amount.

on 20 April 20, 2007: EF corporation B, Jungsan-gu, Ulsan Metropolitan City, Seoul, B, and HaHa (person)

D. On August 18, 2008, Defendant C received demand from the Plaintiff to pay the instant monetary amount, stated the following phrases at the lower end of the instant payment note, and delivered them to the Plaintiff.

The above amount is promised to be paid by 10 October 2008.

Bank of Korea, August 18, 2008, B C

E. On November 20, 2007, the Defendant Company paid KRW 60,000,000 among the instant money to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. On April 20, 2007, the plaintiff asserted 1 of the parties asserted that the defendant company lent the money of this case to the defendant company on June 20, 2007 at the rate of 12% per annum, and the defendant C promised to pay the money at the bottom of the letter of acceptance of payment of this case on August 18, 2008, by stating that "I will pay the money by October 10, 2008."

Therefore, it is true.

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