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(영문) 서울중앙지방법원 2020.08.28 2019가합526052

대여금

Text

1. The defendant C and E shall be jointly and severally,

A. The Plaintiff A’s KRW 700,000,000 and this shall be from June 29, 2019.

Reasons

1. Basic facts

A. On June 15, 2016, Defendant Company: (a) 3 underground floors; (b) 299 households; (c) 38 rooms; and (d) neighborhood living facilities (hereinafter “instant building”) on the 1,886 square meters and 5 lots of land, including the wife population O; and (c) on the 1,886 square meters and 1,86 square meters and 20 square meters of land.

(1) In connection with the business of building and selling the shares, the truster company and the trustee N Co., Ltd. (hereinafter referred to as “N”)

(B) The first and second first priority beneficiaries Co., Ltd. (hereinafter “P”)

The first priority holder of Q Q Co., Ltd. (hereinafter “ Q Q”) is the first priority holder.

3) The management-type land trust contract with the content that the third priority beneficiary R Co., Ltd. is a management-type land trust contract (hereinafter “management-type land trust contract of this case”).

(2) The instant building was completed on September 18, 2018 under N’s name.

B. On April 5, 2017, Plaintiff A provided the instant building Sho Lake, Tho Lake, and U with the right to sell each unit of the instant building; Defendant E with the interest rate of KRW 500,00,000 per annum; and on April 5, 2018, Defendant E with the due date specified and lent KRW 24% per annum; Defendant E with the joint and several guarantee for the obligation to pay the above loan amount of Defendant E on the same date. (2) On April 27, 2018, Plaintiff A provided Defendant E with the instant building V, Who Lake, Xho-gu Y building sales agency claim; and Defendant E lent KRW 200,000,000 to Defendant E as security; and Defendant E with the due date of repayment for interest rate of KRW 150,000; and Defendant E’s joint and several guarantee payment on the same date.

C. On April 5, 2017, Plaintiff B was provided with the right to sell the Zho Lake of the instant building by Defendant E as collateral. The amounting to KRW 200,000,000 per annum and the due date specified on April 5, 2018. The Defendant Company provided joint and several surety for Defendant E’s obligation to pay the above borrowed money on the same date. (2) The Plaintiff Company provided joint and several surety on December 7, 2017.