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(영문) 대구지방법원 2017.12.21 2017가합487

보증채무금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 3,00,000,000 as well as to the day of full payment from January 8, 2015 to the day of full payment.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established for the purpose of real estate development business, etc., and Defendant C is a representative director of the above Defendant Company and a director of the company D Co., Ltd. (hereinafter “D”).

B. On December 13, 2010, and February 15, 2011, the Plaintiff provided D with loans at the cost of the construction project for the creation of the Mapo-gu E-ri Industrial Complex in Changwon-si (hereinafter “instant construction project”), setting the KRW 1 billion on December 13, 201 and KRW 1 billion on February 15, 201 as 2.5% per each interest month.

section 60,000 each

1. Daily set forth in KRW 300,000,000 ( KRW 3,000,000); and

2. The due date ① The foregoing amount appears to be a clerical error in the Hth page F of the Mapo-si, Changwon-si.

Of the amount borrowed at the cost of creating Eri Industrial Complex, KRW 500,000,000,000 shall be repaid preferentially on January 29, 2015, and KRW 1,500,000,000 out of the remainder of KRW 2,500,000 shall be repaid during the construction period (from June 2015 to March 30, 2016) and the remainder of KRW 1,50,000,000 shall be paid in full within one month after completion.

3.A stipulation to pay 50,000,000 won per month until the full payment of interest is made shall be made by adding the interest to the principal when the principal is settled.

on January 7, 2015, each letter of payment:

1. G;

2. A stock company B (Defendant company);

3. C (Defendant C)

C. When D was unable to repay the principal and interest of the above loan, the Defendants drafted a payment note (hereinafter “instant payment note”) with the purport that, around January 7, 2015, D’s loan to the Plaintiff up to that time is set at KRW 3 billion (hereinafter “instant loan obligation”) and shall be paid as follows (hereinafter “instant payment note”).

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 (including a paper number), 2, 3-6, 13, witness G's witness G's testimony, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1 Plaintiff’s assertion that the Defendants asserted by the parties concerned set up and deliver the instant letter of payment, thereby guaranteeing D’s debt to the Plaintiff, and thus, the Plaintiff is above.