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(영문) 수원지방법원 2018.09.12 2017가합3423
대여금 및 각서금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of KRW 300,000,000 and the period from November 1, 2015 to November 29, 2017.

Reasons

1. Comprehensively taking account of the overall purport of evidence Nos. 1 and 2 as to the cause of the claim, Defendant B prepared a certificate of borrowing KRW 300 million from the Plaintiff on August 31, 2015 with the maturity of October 2015. On the same day, Defendant C prepared and notarized a letter of performance stating that the above loan amount of KRW 300 million should be immediately transferred to the Plaintiff’s account at the time of receipt of PE loans from LIG Investment Finance for the Urban Development Project Center (Limited to the extent of October 2015). Barring any special circumstance, it is reasonable to view that the Plaintiff and the Defendants had a legal act as stated in the above certificate of loan and the statement of performance. Thus, it is reasonable to view that Defendant C’s act of preparing a written performance order to pay KRW 300 million from the Plaintiff’s debt to the Plaintiff with the maturity of KRW 150 million from the day following the above loan and the statement of performance to the effect that it will be paid in lieu of the above loan amount of KRW 150.15 billion.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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