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(영문) 서울북부지방법원 2015.11.06 2015가단11721
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 70 million and the Defendants B from February 16, 201 to April 6, 2015.

Reasons

1. Facts of recognition;

A. On February 201, Defendant C, a real representative of the Plaintiff and D Co., Ltd. (hereinafter “Nonindicted Company”), agreed to set up a right to collateral security with a community credit cooperative as a security for electric housing complex, such as the F, G, H, and I forest land owned by the Nonparty Company, and to borrow KRW 200 million in the name of Defendant C and pay KRW 70 million among them to the Plaintiff.

B. On February 9, 2011, Defendant B drafted a written confirmation that “a loan of KRW 200 million shall be deposited to the Plaintiff in the remainder other than the cost of creation and deduction for the loan, and the remainder shall be paid to the Plaintiff, and the remainder shall be given the down payment for the house site for electric source J-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.”

C. On February 14, 2011, Defendant C drafted an agreement stating that “The amount of KRW 70 million shall be paid to the Plaintiff immediately after the amount of KRW 200,000,000 to the Saemaul Treasury loan was paid to the Plaintiff with four parcels of land owned by D as security, and the remaining amount of KRW 130,000,000 shall be the period during which the date is transferred to the original house complex of the Chungcheongnam-gun AJ, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.”

On February 16, 2011, Defendant C established a right to collateral security with respect to the above K forest of the non-party company at the Heungdong Saemaeul Fund, which was KRW 28 million with respect to the non-party company’s above K forest, as the debtor C, and received a loan of KRW 160 million without delay.

Defendant C did not pay KRW 70 million out of the above loans to the Plaintiff and used them for personal purposes. Thereafter, the Daegu District Court was indicted against Nonparty C for a crime of fraud with respect to Nonparty Co., Ltd. and was sentenced to imprisonment with prison labor for 8 months and suspended execution for 2 years on April 30, 2013.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 6, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, according to the agreement around February 201, the Defendants jointly and severally to the Plaintiff on February 16, 201, which was the date of the loan, and Defendant B from February 16, 201, which was the date of service of the copy of the complaint in this case, and Defendant C, the date of service of the copy of the complaint in this case, and Defendant C, the date of service of the copy of the complaint in this case.

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