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(영문) 의정부지방법원 고양지원 2017.01.26 2015가합3471
약정이자금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 225,000,000 won and each year from August 1, 2014 to January 26, 2017.

Reasons

1. Determination on the cause of the claim

A. In full view of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3 (including each number), the following facts are recognized.

1) On March 2, 2011, the Defendants concluded a contract to purchase KRW 15.7 billion in the name of Gyeonggi-gun Co., Ltd., Inc., Ltd. and KRW 2.7 billion in the name of the Defendants, which was operated by the Defendants, from March 2, 201. At the time, the Defendants concluded a contract to purchase the said KRW 5,801 square meters in the name of Gyeonggi-gun, Gyeonggi-

(2) The Plaintiff, who was the mortgagee of the right to collateral security, applied for a voluntary auction of each of the instant lands, and the auction procedure was in progress. The Defendants agreed to obtain the ownership of each of the instant lands from D by winning the bid at the above auction procedure. Ultimately, Defendant B received the bid of each of the instant lands on October 6, 201 at the above auction procedure, and the transfer registration of ownership in the name of Defendant B was completed on October 6, 201 due to the sale of each of the instant lands by means of the voluntary auction on October 6, 2011 at the Jung-gu District Court Decision 26516, which was received on October 6, 201. (2) Defendant B borrowed KRW 9,250,000 from Plaintiff and H on September 29, 201 in order to raise the purchase price for the said voluntary auction (hereinafter “the instant loan”). In order to secure this, Plaintiff B received the maximum debt amount of KRW 300,000,00,00 from the registry of the Government.

Furthermore, on October 6, 201, the Defendants issued a promissory note amounting to KRW 150 million at each face value with the Plaintiff and H’s respective addressees as the underlying claim. On October 20, 2011, the Plaintiff issued a promissory note amounting to KRW 150 million from the Defendants on October 20, 201 pursuant to the said promissory note (in the face value of KRW 150 million), which was issued by a notary public on October 16, 2011, pursuant to the I joint law office deed No. 30, 2000, hereinafter “the instant loan”).

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