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(영문) 수원지방법원성남지원 2020.08.19 2019가단217208
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 55,921,256 and KRW 55,00,000 among them, from December 25, 2019 to August 20, 202.

Reasons

. It is a company that operates a business that obtains profits through the distribution procedure, and the defendant D is a director of the defendant company;

B. On November 16, 2018, the Plaintiff transferred KRW 55 million (hereinafter “the instant money”) to an account under the name of the representative director of the Defendant Company, to E. On November 21, 2018, the Plaintiff entered into a contract between the Defendant Company and the Defendant Company on November 21, 2018 with respect to the right to collateral security (hereinafter “right to collateral security”) of KRW 175,500,000 with respect to Nonparty G, which the Defendant Company acquired from the F Cooperatives, with respect to the right to collateral security (hereinafter “right to collateral security”).

The following contents are included in the above pledge agreement as a special agreement:

Section 4. This Agreement shall not be terminated by reason of the general of the parties, provided that, if the original contract of the pledger subject to this Agreement is terminated, it may be terminated and the amount received shall be refunded to the pledgee.

*Special Agreement

1. The defendant company or an individual or corporation designated by the defendant company shall be paid 15% annual dividends through sharing profits and losses among investors at the time of distributing dividends to the pledgee through bidding or a third-party successful bid, and the pledge shall be established;

2. The settlement of the proceeds will be settled as “the date of payment from the date of registration” but the sales commission’s procedure is delayed or excluded from sale due to the debtor’s repayment of interest, so that the registration schedule is delayed due to the occurrence of reasons such as replacement of registered items.

3. The amount of actual investment is an erroneous million won; and

4.In respect of the above matters, Defendant D shall stand joint and several surety.

C. However, on December 31, 2018, the non-party limited liability company H acquired the instant right to collateral security from the FF Association, and completed the registration of collateral security transfer, and completed the registration of collateral security establishment to Non-party I, J and K on the same day.

Defendant Company on December 28, 2018

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