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(영문) 서울남부지방법원 2019.07.18 2018가합107443
대여금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 250,000,000 and 6% per annum from November 1, 2015 to May 16, 2018.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd (hereinafter “B”) was engaged in the business of building and selling the housing of 970 households in the Dacheon-si D in Yanan-si (hereinafter “instant business”).

Defendant B loaned KRW 200,000,000 to the Plaintiff, the first priority was guaranteed to the Plaintiff on the recruitment of the members of the instant project.

B. On May 6, 2015, the Plaintiff and Defendant B drafted “a monetary loan agreement” to the effect that “the Plaintiff lends KRW 200,000,000 to Defendant B, and the Defendant B borrows this. The maturity shall be October 31, 2015.”

Defendant C signed and sealed the above agreement as a joint and several surety of Defendant C.

The Plaintiff remitted the above money to Defendant B on the same day.

C. On July 17, 2015, the Plaintiff and Defendant B entered into an agency contract for recruiting partners of the instant project.

The recruitment target number is 30% in the first month from the opening date of the Housing Public Relations Center, 30% in the second month, 20% in the third month, 20% in the fourth month, and 20% in the fourth month, and the recruitment agency fee is 5,00,000 won in each household.

On September 1, 2015, the Plaintiff and Defendant B decided to increase the loan amount of KRW 50,000,000,000, and the Plaintiff additionally remitted the loan amount around that time.

E. As the Plaintiff recruited members fall short of the target number of households, Defendant B sent to the Plaintiff an official door containing his/her intent to terminate the recruitment contract on October 30, 2015, and the said official door reached the Plaintiff around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3 and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff leased KRW 250,00,000 to Defendant B under the joint and several guarantee of Defendant C, and the Defendant C, the debtor, jointly and severally, as to the Plaintiff, KRW 250,000,000, and the following day after the due date for payment of the contract, 6% per annum as prescribed by the Commercial Act from November 1, 2015 to May 16, 2018, when the original copy of the instant payment order was served on Defendant B.

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