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(영문) 수원지방법원평택지원 2017.08.24 2017가합8977

약정금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 505,285,00 and the interest rate thereon from June 24, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On April 2, 2010, the Plaintiff lent KRW 150,000 to D, “D” and F, a stock company E, KRW 150,000.

B. On September 1, 201, the Plaintiff agreed to receive KRW 50,000,000 as the agency deposit, and entered into an agency entrustment contract with F as the revenue to receive KRW 5,00,000 equivalent to 10% of the monthly deposit, if it pays KRW 50,000 as the agency deposit.

The Plaintiff paid F a total of KRW 45,000,000,000 on September 1, 201, and KRW 15,000,000 on October 4, 201.

C. The Plaintiff and F agreed to convert the loans to KRW 50,000,000 on condition that the Plaintiff and F shall pay interest of KRW 45,000,00,000, which did not make profits from the agency operations, to KRW 50,000.

On January 9, 2012, the Plaintiff lent KRW 200,000,000 to F, respectively, and KRW 300,000,000 on February 3, 2012.

E. When the sum of the loans was reached to KRW 700,000,000, the Plaintiff demanded the F to be liable for the payment of the loans by Defendant B and Defendant C, the representative director of Defendant E, a business entity of “D”.

F. On March 30, 2012, F entered into an agreement with the Defendants to the effect that “F and the Defendants borrowed KRW 700 million from the Plaintiff, and that “F and the Plaintiff promised to repay not less than half of the above amount, as sold by Pyeongtaek-si G factory.”

G. Meanwhile, the Plaintiff received a total of KRW 503,50,000 from F from May 2, 2010 to October 31, 2013, which was appropriated for the interest and principal amount of KRW 700,000,000, and the loan principal amount of KRW 505,285,000 among KRW 70,000,000.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendants can be deemed to have jointly and severally guaranteed the F's loan obligation of KRW 700 million to the plaintiff. Thus, the defendants jointly and severally sought KRW 505,285,00 against the plaintiff and the following day after the last delivery date of the copy of the complaint of this case.