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(영문) 서울남부지방법원 2014.07.04 2013가단222395
대여금
Text

1. The Defendants are jointly and severally liable for one billion won and the amount shall be as follows:

A. From September 10, 2013, Defendant A:

B. Defendant B shall make November 2013.

Reasons

1. Case summary

A. On March 20, 2007, the Plaintiff loaned KRW 57 billion to the project cost for the Lart Development Project (hereinafter “instant project”) on the 20 parcel of land (hereinafter “the instant project”), Gangwon-gun, Gangwon-do, the Plaintiff: (a) made a loan to the lender, P&C Co., Ltd. (hereinafter “PP”) with the lender and the executory company, and C&C Co., Ltd. (hereinafter “P”) as the contractor and the assignee; (b) made the following business and loan agreement (hereinafter “the instant loan agreement”); and (c) paid the money to the Plaintiff pursuant to the instant loan agreement from the Plaintiff’s standpoint; and (d) paid the money to the borrower from the borrower’s standpoint to March 21, 2007, KRW 57 billion from the lender’s standpoint.

1) The term of loan shall be 36 months from the date of loan execution (Article 2-2.2) (2) where “Borrower or the City Corporation fails to repay the loan principal or fails to pay the loan interest at least twice” (Article 11-1 subparag. 1 of the contract), and where “Borrower or the City Corporation commences business improvement or fails to pay the loan interest at least twice” (Article 11-1 subparag. 1 of the contract), and where “the commencement of business improvement, suspension of business and discontinuance of business” (Article 11-1 subparag.

B. At the time of the instant loan agreement, the Defendants entered into a joint and several guarantee agreement with the Plaintiff to the effect that they jointly and severally guarantee the instant loan funds of L&C, and the Defendants entered into a contract with the Plaintiff and L&C to the effect that they concurrently take over the instant loan funds of L&C along with the Plaintiff and

C. H&C entered into an agreement on May 20, 2009 for the implementation of a corporate restructuring plan, and P&C failed to repay the instant loan by March 20, 2010, which is the maturity date of the loan.

[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1 to Gap evidence 6, purport of whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion regarding the Plaintiff’s claim is that the Plaintiff entered into the instant loan agreement with the Defendants.

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