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(영문) 의정부지방법원 2020.04.14 2019가단111080
대여금
Text

1. The Defendants jointly share KRW 100,000,000 to the Plaintiff and Defendant B with respect thereto from May 6, 2019, and Defendant C.

Reasons

1. Facts of recognition;

A. Defendant B purchased the instant land, etc. (hereinafter “instant land”) from F to KRW 1.5 billion, and tried to implement a new construction project, such as neighborhood life and studio, on the instant land (hereinafter “instant new construction project”). However, it was short of funds, and requested the Plaintiff to lend KRW 100 million to the Plaintiff.

B. The Plaintiff received a seller F’s confirmation that the sales amount of KRW 1.5 billion was already paid the down payment and the intermediate payment of KRW 600 million (Defendant C represented by F) and lent KRW 100 million to Defendant B.

C. On August 4, 2014, Defendant B prepared and sent to the Plaintiff a letter of performance of the following contents:

Defendant B borrowed KRW 100,00,000 (day) from the Plaintiff (Plaintiff) which is the lessee for the completion of construction works, and in addition to the interest rate of KRW 50,000,000 (one million) from October 30, 2014 until October 30, 2014, the lessee shall pay KRW 150,000,000 (one hundred and fifty thousand) as well as the interest rate of KRW 2.5% per month at the time when the promise is made, and at the same time, he shall add the interest rate of KRW 2.5% per month:

:

1. To conclude with borrowed money to complete the construction of the instant new construction project on October 30, 2014.

3. As for the borrowed money, the non- Gho Lake (12 square) for commercial buildings shall be paid as a substitute, and it shall be as requested by A (Plaintiff) after the completion of the promise by October 30, 2014.

In cash, 150,000,000 won and 150,000,000 won shall be paid in lieu of the substitute (12,000,000) with the registration of non-G head (12,00,000) as the contract for sale.

4. The above loan 150,000,000 won security and guarantee as the borrower are confirmed as the guarantor by Defendant B, land purchaser H and Defendant C as a broker.

On August 5, 2014, Defendant C prepared and sent to the Plaintiff a letter (hereinafter “instant letter”) with the following contents as follows.

Defendant C shall live in the neighborhood and studio on August 4, 2014 at 10 lots, such as Macheon-si D, etc.

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