(영문) 인천지방법원 2014.11.05 2013가합12071

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(영문) 인천지방법원 2014.11.05 2013가합12071

대여금

Text

1. The Defendants shall jointly and severally serve as KRW 380,000,000 on the Plaintiff and as a result, from January 9, 2014 to November 5, 2014.

Reasons

1. Basic facts

A. On October 2005, the Plaintiff filed a complaint against Defendant B as a crime of fraud on the ground that the Plaintiff failed to repay the existing debt.

Accordingly, on October 25, 2005, Defendant B prepared and delivered to the Plaintiff a letter of performance (Evidence A No. 1; hereinafter “instant letter”) with the following content, and the Plaintiff withdrawn the complaint against Defendant B around the time of its preparation.

Each letter of this administration: Defendant B’s note that each letter of this administration must pay the money as set out below, and will be liable for all civil and criminal responsibilities if the following is not fulfilled:

- - Future -

1. Each book shall be endorsed and transferred to the Plaintiff one promissory note issued by the Incheon Youngman of Social Welfare Foundation (the face value KRW 200 million, the due date of payment June 30, 2006).

2. Each letter shall pay each of the KRW 100 million before June 30, 2007, KRW 100 million before June 30, 2008, and KRW 100 million before June 30, 2009 to the Plaintiff, separate from the above Promissory Notes.

3. In the event that the money set forth in paragraphs 1 and 2 above has been fully satisfied, this statement shall be destroyed.

4. In the event that the funds mentioned in paragraphs 1 and 2 above are not fully paid, each letter shall calculate and pay all the principal and interest borrowed from the plaintiff.

5. Each page recognizes that the interest shall be paid with respect to the amount that was paid to the Plaintiff prior to the date of drawing up of the e-statement.

6. Each secretary shall write down to faithfully implement the above-mentioned entries and put up two joint and several sureties to guarantee the payment thereof;

B. Defendant C and Defendant D, the father of Defendant B, who are children of Defendant B, jointly and severally guaranteed their respective debt on the same day.

C. Defendant B did not endorsement or transfer to the Plaintiff one promissory note pursuant to paragraph (1) of the said letter of performance.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 4, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim.

유사 판례

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