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(영문) 서울중앙지방법원 2018.06.21 2016가합566837

양수금

Text

1. Defendant C, Inc., D, E, F, G, H, I, and J shall be jointly and severally held against the Plaintiff on 9,154,915.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that engages in real estate sales and lease business. L Co., Ltd. (hereinafter “L”)

corporate entity that runs the investment trading business, etc. and M Co., Ltd. (hereinafter “M”).

(2) Defendant C is a corporation engaged in real estate development business, etc., and Defendant G is the representative director of Defendant C.

Defendant D, E, and F Co., Ltd. are a corporation established in order to carry out business affairs related to the acquisition, management, operation, and disposal of beneficial rights under the trust agreement entered into by making all of the Nilwon ground canals in Gwangju City as trust property, and Defendant H, I, I, and J are internal directors who are representatives of each of the above corporations.

(hereinafter referred to as “Defendant Company” in total, and when referring to individual corporations, the entry of “stock company” is omitted). (b)

1) The Defendant Company entered into a loan agreement (hereinafter “instant project”) with respect to the development project for canal typies (a single-type 62 Dong-dong and Gu-type 36 household-type 36 household-type hereinafter referred to as “the instant project”).

(2) In order to promote (a) as a joint borrower on July 27, 2015, a loan agreement providing for a limit of KRW 37 billion per annum, interest rate of KRW 6.2% per annum, interest rate of KRW 6.2% per annum, interest rate of KRW 19% per annum, and 14 months from the date of initial withdrawal ( July 27, 2015) (hereinafter “instant loan agreement”).

Defendant G, H, I, and J jointly and severally guaranteed the obligation under the instant loan agreement. (2) According to the instant loan agreement, the Defendant Company, a joint borrower, bears the obligation to obtain authorization and permission related to the instant business and to repay the principal and interest of loans (Article 2(2)5 and 9); and M, a contractor, bears the responsibility within the scheduled date of completion of the liability; and the obligation to take over the obligations of a joint borrower as a overlapping amount when the joint borrower fails to complete the liability.

(Article 2(3)3 L is a sum of KRW 24.7 billion for the defendant company around that time.