beta
(영문) 인천지방법원부천지원 2015.12.04 2014가합2692

대여금 등

Text

1. Defendant B and D shall jointly and severally serve as the Plaintiff KRW 400 million and as a result, from January 1, 2014 until August 28, 2014.

Reasons

1. Basic facts

A. The Plaintiff, including the Plaintiff and Defendant B’s financial transaction relationship and Defendant D’s joint and several sureties, lent KRW 6.5 million in total to the Defendant B, as described in the No. 1, 3, 7, 19, 22, 27, 32, 35, 36, 38, 43 through 46, 48, and 51 listed in the separate sheet No. 1, 24, and 1, 19, 22, 32, 38, 43, 46, 50, and 51 listed in the separate sheet No. 1, 200 million to the Defendant B, as in the separate sheet No. 1, 201 to May 13, 2013. Of these, the Plaintiff prepared a loan certificate for the Plaintiff’s lending of money to the Defendant, as the joint and several sureties’s debt of Defendant B, and each of the Defendant D’s joint and several sureties, as the Defendant B’s debt.

On the other hand, Defendant B repaid the Plaintiff totaling KRW 37,425,00,00 from April 25, 2011 to March 6, 2013, as indicated in attached Table 1 Nos. 2, 4, 5, 6, 8 through 18, 20, 21, 23 through 26, 28 through 31, 33, 34, 37, 39 through 42, and 47.

B. The Plaintiff and Defendant D related to money transaction respectively lent KRW 92,00,000 in total to Defendant D from November 22, 2011 to July 10, 2013, as indicated in No. 2 List No. 1 to 5, and each of the loans was drawn up by the Plaintiff at the same time as Defendant D, respectively, on the date of lending the same amount to Defendant D.

On the other hand, Defendant D repaid the total of KRW 49,952,302 from May 13, 2014 to August 19, 2015, as shown in [Attachment 2] 6 and 7.

C. On November 12, 2013, Defendant B drafted a real estate lease agreement between the Plaintiff and Defendant C, stating the lessee, the lease deposit amount of KRW 200 million, and the period from November 12, 2013 to November 11, 2015, as to the underground shopping district of the land E-based building owned by Defendant C (hereinafter “instant underground shopping district”).