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(영문) 서울북부지방법원 2020.05.07 2018가합27540

대여금

Text

1. As to Defendant B’s KRW 540,00,000 and KRW 5,000 among them, Defendant B’s KRW 5,00,000 from April 1, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is between Defendant B and his husband, and Defendant C is the mother of Defendant B and Defendant D’s father.

B. On February 9, 2017, the Plaintiff borrowed KRW 580,000,000 in total to E several times, and failed to receive it, the Plaintiff applied for a payment order seeking payment of KRW 580,000,000 for the above loans to E by the Seoyang-si District Court 2017 tea 281, Namyang-si, Seoul District Court, and applied for payment order on February 15, 2017, “E shall pay to the Plaintiff 580,000,000,000 per annum from the day following the delivery of the payment order to the day of complete payment,” and the above payment order was finalized on March 9, 2017.

C. On July 3, 2017, Defendant B guaranteed the Plaintiff’s debt amounting to KRW 580,000,000 against the Plaintiff (hereinafter “instant guarantee agreement”) as follows. From the end of July 2017 to the end of February 2018, Defendant B repaid the Plaintiff totaling KRW 40,000 to the end of February 3, 2018.

Article 1 [Agreement on the Scope of Claims and Guarantee Contract] of the main contents of the Guarantee Contract of this case, Defendant B agreed that Defendant B shall be liable for the performance of the contract by the debtor E for the amount of credit held by the plaintiff against the debtor E (580 million won).

Article 2 (Performance of Obligations by Surety) Defendant B (2) pays to the Plaintiff more than five million won on the last day of each month (27 days to 31 days) from July 27, 2017, and pays to the Plaintiff more than five million won, thereby discharging all the obligations owed to KRW 5.8 million until August 31, 2022.

Article 4 [Liability in the event of Non-performance of Obligations] Defendant B shall demand that Defendant B be held liable for civil and criminal liability in the event of Non-performance of Obligations under Article 2, and Defendant B shall consent thereto, and the Plaintiff may demand that Defendant B pay the full amount of claims.

Defendant B: (a) on February 28, 2018, the real estate indicated in attached Form 1 (hereinafter “instant real estate”) to Defendant C is not a donation made on February 26, 2018.