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(영문) 수원지방법원 2018.02.06 2017가합16559

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 12, 2006, the Plaintiff: (a) lent KRW 270 million to C; and (b) agreed to pay KRW 350 million in total by March 25, 2007 plus interest of KRW 80 million until March 25, 2007; and (c) the Defendant guaranteed the Plaintiff’s obligations against C.

B. On May 18, 2007, the Plaintiff filed an application for provisional seizure of shares with a claim amounting to KRW 475 million with respect to the loans, claims amounting to KRW 475 million with respect to the shares owned by C (hereinafter “D”), which would have failed to repay the above loan obligations, and the original copy of the provisional seizure order was served on D, which is the garnishee (the Defendant District Court 2007Kadan101850).

The loan amount: The repayment date of the Geumsan Mon (Won 350,000,000): the extension of the repayment date on March 25, 2007: the debtor (defendant) on July 31, 2007 recognizes on July 31, 200 that he/she is liable to pay the above money to the creditor (Plaintiff), and the creditor extended the repayment by July 31, 2007.

2. If the debtor fails to pay the above amount by the payment deadline, the transfer of 15% (4,500 shares) of shares of D Co., Ltd. in the population E owned by the debtor will be made to the creditor as much as the above amount.

If the value of the stock falls short of the above amount, it shall be compensated for in cash.

The debtor shall not dispose of the above shares in any form other than the creditor until he fully pays the above shares.

3. In addition to this Agreement, the obligee rescinded a provisional attachment as determined by Suwon District Court 2007Kadan101850 on May 18, 2007.

4. If the obligor is bound to enter into this arrangement, not only civil but also criminal responsibilities.

C. On June 22, 2007, the Plaintiff and the Defendant: (a) signed an agreement on the Defendant’s above guaranteed liability (hereinafter “instant agreement”); (b) signed an agreement on the same day; and (c) certified by a notary public as a law firm No. 676 on the same day, such as the law firm’s pay, etc.; and (d) details thereof are as follows.