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(영문) 서울동부지방법원 2013.09.05 2013가합6771
대여금
Text

1. The defendant (Counterclaim Plaintiff) shall dismiss the counterclaim of C.

2. Defendant B and Defendant (Counterclaim Plaintiff Co., Ltd.) C

Reasons

Comprehensively taking account of the Defendants’ respective entries and arguments in Gap evidence 1-1-5 and Eul evidence 1-1-1, the Defendants’ obligation to pay loans on the claims for this lawsuit, Defendant B entered into an agreement with the representative director of the Defendant Company on March 18, 2002 to implement a reconstruction project of the third floor and the office (hereinafter “the building in this case”). The Plaintiff operated a certified judicial scrivener’s office. The Defendants borrowed KRW 360 million in total on several occasions from July 10, 202 to June 10, 2004; the Defendants agreed to pay interest rate of KRW 20 billion on November 25, 2004 to the Plaintiff by June 30, and by June 30, 2005, the Defendants were jointly and severally liable to pay interest rate of KRW 160 million until June 30, 2005 to the Plaintiff. However, the Defendants failed to perform the agreement on KRW 3600,400,000,000.

Defendant B’s assertion as to the Defendants’ assertion was: (a) transferred approximately KRW 150 square meters, including the store No. 17 of the first floor of the instant building No. 17, and the store No. 400 square meters of the extension of the unregistered part of the instant building (hereinafter “instant store”) to the Plaintiff at KRW 2.5 billion; and (b) settled down the instant loan amounting to KRW 50

Facts of recognition

The Defendant Company promised from Nonparty F to purchase 2,267/3,377.6 shares in Gangdong-gu Seoul Metropolitan Government 3,377.6 shares and 26 stores, such as the first floor No. 35 units of the instant building, from Nonparty F. The above shares are below the provisional registration on April 13, 2004.

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