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(영문) 의정부지방법원고양지원 2015.11.06 2015가합2096

대여금 등

Text

1. The Plaintiff:

A. Defendant B Co., Ltd., C, D, and E are jointly and severally liable for KRW 370,000,000 and their amount from July 8, 2015.

Reasons

1. Basic facts

A. Defendant B is a corporation operating construction business, etc., and Defendant C is the representative of Defendant B.

B. Around June 5, 2014, the Plaintiff lent KRW 200,000,000 to Defendant B, and KRW 230,000,000,000 in total, around July 16, 2014, and Defendant C, D, and E jointly and severally guaranteed the above loan obligations.

C. On January 31, 2015, the Plaintiff received KRW 60,000,000 from Defendant B, and prepared a letter of payment with Defendant B with respect to the remaining loans, and Defendant C, D, and E jointly and severally guaranteed the above loan obligations.

Japan 370,000,000

1. The above amount shall be paid KRW 60,000,000 on June 5, 2014, which was borrowed with the construction fund for new construction in Gyeyang-gu Yangyang-gu Seoul Metropolitan City, and KRW 430,000,000 on July 16, 2014, out of the total of KRW 430,000,000,000 on January 31, 2015, and KRW 260,00,000 shall be replaced with the lease deposit of Defendant F to the owner, and KRW 110,00,00,000 shall be paid by March 30, 2015.

2. Three joint and several suretiess of Defendant B shall pay to the obligee the principal plus the payment note prepared for the repayment of interest. 3. Payment note interest shall be paid up to 1% payment slip per month.

On January 31, 2015, Defendant B prepared and sent to the Plaintiff a letter of non-payment of KRW 110,000,000 by March 30, 2015, and Defendant C, D, and E jointly and severally guaranteed the above loan obligation.

E. On January 30, 2015, the Plaintiff: (a) decided to rent KRW 201 out of the multi-family house for reinforced concrete structure H in Taeyang-gu, Seoyang-gu, Seoyang-gu as a collateral for part of the above loan claims from Defendant F; (b) as special terms and conditions, Defendant F, the owner of the building, paid the lease deposit in full as the construction price to Defendant B, the owner of the building, after the completion of the building; and (c) the Plaintiff agreed to enter into a lease contract with Defendant F, and agreed to return the deposit to the Plaintiff when Defendant F, is paid from a new occupant.