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(영문) 수원지방법원 안산지원 2018.05.31 2017가단54589
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 384,608,466 and KRW 100,000,000 among them, from October 17, 2015.

Reasons

1. Basic facts

A. On April 2010, Defendant B received a decision to permit the sale of Pyeongtaek-si E-type 9,348 square meters (hereinafter “instant land”) which is the object of the auction in the case of the auction of D Real Estate in Pyeongtaek-gu, Suwon District Court (Seoul District Court).

B. On October 20, 2010, Defendant C, a private village between Defendant B and the Plaintiff, borrowed KRW 200 million from the Plaintiff (hereinafter “the instant loan agreement”), and prepared a loan certificate (hereinafter “the instant loan certificate”). The instant loan certificate states that “I will make advance payment of the principal and interest KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

C. On October 20, 2010, the Plaintiff transferred KRW 200,000 to the above national bank account of Defendant B.

On December 7, 2010, Defendant B completed the registration of ownership transfer based on the sale due to voluntary auction on the instant land, and on March 31, 201, Defendant B completed the registration of ownership transfer on April 7, 201, after selling the ownership site to H, a sectional owner of the F building on the instant land, who was a sectional owner of the instant land.

E. On March 1, 2014, Defendant B paid KRW 30,000,000, out of the principal of the instant loan amount of KRW 200,000,000 to the Plaintiff.

F. On March 19, 2014, the Plaintiff, while entering into a new agreement with Defendant B on the instant loan (hereinafter “instant agreement”), drafted a letter of commitment with the following content (hereinafter “instant letter of commitment”).

B EF IJ L L M EN

F. Defendant B paid KRW 70,000,000 to the Plaintiff on October 16, 2015, where the purchase and sale of F building underground marina land was completed.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and arguments.

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