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(영문) 수원지방법원성남지원 2020.06.25 2018가합35

대여금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 400,000,000 and 15% per annum from January 19, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On March 16, 2016, the Plaintiff entered into an agreement with E Co., Ltd. (hereinafter “Nonindicted Company”) on the payment of KRW 400 million from the Nonparty Company in return for the Plaintiff’s agreement to provide support for the FF projects in the Republic of Korea, and the Plaintiff entered into an agreement on the payment of KRW 400 million from the Nonparty Company.

B. Defendant C, the representative director of Defendant B (hereinafter “Defendant Company”), around 2013, developed a housing site in the Hanam-si H District and started the business of constructing multi-family housing (383 households). On March 23, 2017, the Defendant Company concluded a service contract related to the said business, and the Nonparty Company, which entered into a contract related to the said business, drafted an agreement with the effect that “The payment of KRW 2.33 billion to the Defendant Company is notarized by a promissory note or a monetary loan agreement as indicated below” (hereinafter “instant agreement”).

Non-party company 1,820,000,000 won 6 months with a maturity of notarized amount by the obligee. <30,000,000 won 110,000,000 won by the obligee

C. Pursuant to the instant agreement, on March 23, 2017, the date of the preparation of the instant agreement, the Defendants respectively drafted a notarial deed of money loan agreement (No. 234, 2017, the J Office of a Notaries Public) with the purport that the Plaintiff will jointly repay the borrowed amount of KRW 400 million to the Plaintiff by September 30, 2017.

(hereinafter “instant Notarial Deed”). D.

On March 23, 2017, Nonparty Company and the Plaintiff transferred to the Plaintiff the claim amounting to KRW 400 million against the Defendants of Nonparty Company, instead of transferring the claim amounting to the Plaintiff, set off this claim amounting to KRW 400 million against the Plaintiff’s non-party company as indicated in the foregoing paragraph (a), and entered into a contract to substitute the said assignment notification with a notarized deed as indicated in the foregoing paragraph (c). The title of the said contract is “

The upper part of the above contract is indicated as "N" but the name, resident number, and address of the plaintiff at the end and at the end of the contract.