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(영문) 수원지방법원성남지원 2016.01.29 2015가합205006

대여금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 437,306,849 and as a result, from May 16, 2015 to January 29, 2016.

Reasons

1. Basic facts

A. D paid KRW 150,000,000 around October 24, 2006, and KRW 130,000,000,000 around May 9, 2007, respectively, to Defendant Rod Road Map (hereinafter “Rod Road Map”).

B. In relation to the money received as above, the defendant road map drawn up to D a letter of default, a letter of payment, a loan certificate, and a notarial deed (hereinafter “written default, etc.”) as follows, and Defendant B and C guaranteed the obligation of the defendant road map based on the above written default, etc. as follows:

1) On October 23, 2006, the Defendant road map drawn up a letter of default on the purchase of “171 square meters prior to Daegu Northern-gu E” (hereinafter “the instant land”) for the purpose of building a multi-family housing, which states that “in accordance with a monetary lending contract with D, a mortgage of KRW 200 million shall be established, and the amount of the establishment shall be returned at the same time as the establishment is terminated by January 10, 2007.” (ii) Defendant road map drawn up a letter of default on March 14, 2007, stating that “262 million won shall be borrowed and repaid to D until June 10, 2007.”

“Preparation of a letter of payment was made, and Defendant C jointly and severally guaranteed the obligation under the above letter of payment on the road map of Defendant C. 3) On May 9, 2007, Defendant D prepared a letter of loan with the effect that “130 million won is regularly borrowed, and the repayment date shall be June 15, 2007,” and Defendant C jointly and severally guaranteed the obligation under the above letter of loan on the road map of Defendant C. 4) on June 26, 2007, Defendant C borrowed the amount of KRW 13 million to D and repaid it by July 20, 207.

(Total Amount: 450 million won) was written by preparing a written statement of payment, and Defendant C guaranteed the above payment angle on the road map. 5) Defendant C drafted a written statement of payment to D on August 29, 2007, stating that “The Defendant’s road map shall pay KRW 429 million to D by September 20, 2007,” and Defendant C jointly and severally guaranteed the above payment angle on the road map.