서울북부지방법원 2015.03.26 2014가합7753



1. The Defendant (Appointed Party) and the designated parties jointly and severally against the Plaintiff KRW 150,000,000 and the designated parties on January 4, 2011.


1. Basic facts

A. On January 3, 2011, the Plaintiff leased KRW 150,000,00 to the Defendant (Appointed Party; hereinafter “Defendant”) at interest rate of 24% per annum and on April 5, 2011, and the selector C jointly and severally guaranteed the Defendant’s obligation to borrow money.

The above agreement will draw up a new construction of a funeral hall building on the land located in Chungcheong Dong-gun D and E, and will complete the construction with investments from the Plaintiff due to the lack of construction costs.

1. The owner of the land D or E is the Appointor F, and the actual owner is the defendant.

The actual owner of a funeral hall building is also the defendant.

(Investment Amount of the Plaintiff: 150,000,000). 2. The Selection F and the Defendant shall set up a collateral security of KRW 200,000 on the site located in the H funeral hall ( Address: Chungcheongnam-gun, Chungcheong Dong-gun, and E) newly constructed for the Plaintiff.

3. The defendant provided 200 million won as a joint security to the land owned by the Selection who is a joint and several sureties-dong G)

C. 4. The SelectionF shall complete the H funeral hall referred to in the above paragraph (1) by January 31, 201, and shall set up a collateral security of KRW 200 million in the first order in the building of H funeral hall simultaneously with the completion of construction.

5. The Selection F provides the Plaintiff with 5% equity interest in the H funeral hall at the time of completion of construction and establishment of a legal entity, and ensure that the positions of the directors (or representative directors) and the wages of at least 300,000 won per month are paid between three months.

6. The Selection F shall pay to the Plaintiff the interest of 24% per annum for KRW 150 million prior to the arrival of the period of the above 50 million.

7. 150 million won shall be paid preferentially to the plaintiff, where the building or site of H funeral hall is to be financed as a collateral.

Even if this money is paid, the contents of the above five paragraphs are valid.

(Provided, That if the shares of 5% are not invested by the Plaintiff, the shares shall be refunded to the Defendant). The Appointor F (Person) Defendant F (Person) and the Appointor C (Person) who is a joint and several surety

B. On January 3, 2011, the Plaintiff indicated the following as between the Defendant and the designated parties: