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(영문) 서울중앙지방법원 2018.11.09 2017가합39516
대여금등 청구의 소
Text

1. Defendant B’s KRW 100,000,000 as well as 5% per annum from March 30, 2018 to November 9, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On December 18, 2007, the Plaintiff, Defendant B, and Defendant C, whose representative director is the Plaintiff Company D (hereinafter “D”) made the Plaintiff as the obligee, Defendant B, and D as the obligor, and received authentication from the Plaintiff.

1. The Plaintiff shall lend KRW 400 million to Defendant B and D as the down payment of the sales contract for the real estate listed in the attached sheet.

2. Defendant B and D shall have the name of the purchaser of the sales contract for the said real estate by payment and security of the said loan, and the down payment for the said sales contract shall be paid directly by the Plaintiff to the seller (Edemy Association).

4. Defendant B and D shall settle the intermediate payment and the remainder of a sales contract for the said real estate through bank loans, return the said loan at the same time or offer security for another value at the same time when they receive bank loans, restore the buyer’s name of the said sales contract, prepare a new sales contract, and complete the registration of ownership transfer for the said real estate.

5. Defendant B and D should not impose any civil or criminal liability on the Plaintiff due to the sales contract for the said real estate.

6. If any act contrary to the above agreement has been committed, the plaintiff and the defendant B and D shall pay 100 million won to the other party as damages.

B. Defendant B and D, on December 18, 2007, issued one copy of the Promissory Notes (hereinafter “instant Promissory Notes”) as indicated on the addressee, the Plaintiff, the face value KRW 400 million, the issue date on December 18, 2007, and January 31, 2008 (hereinafter “instant Promissory Notes”) and received a notarized deed.

C. On December 18, 2007, the Plaintiff entered into a contract to purchase the attached list real estate (hereinafter “instant sales contract”) from Egyptians (hereinafter “instant church”) in accordance with the instant letter of agreement, and the contents relating to the instant case are as follows.

(Purpose) A sales amount of KRW 3.5 billion - down payment of KRW 250 million.

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