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(영문) 대구지방법원서부지원 2014.07.04 2013가합3324
대여금등
Text

1. The Plaintiff:

A. Defendant B and C are jointly and severally liable for KRW 257,00,000 and their amount from March 15, 2014.

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”).

(2) The Plaintiff is a company with the objective of real estate development business, real estate sales business, and real estate consulting and enforcement business. Defendant C is the representative director of the Defendant Company, and Defendant D is the employee of the Defendant Company that performs the business of soliciting investors. (2) The Plaintiff is a person who has invested money in the Defendant Company through Defendant D.

B. On January 29, 2013, the Defendant Company prepared and delivered to the Plaintiff a letter of payment (Evidence 3) stating that “The amount of KRW 257,00,000, and the above amount shall be paid to the Plaintiff up to June 30, 2013. If not paid by the due date, the Defendant Company bears any civil or criminal liability, but the above amount of loan (debtor, D) written prior to the due date of full payment shall be null and void: (i) the case invested in the development project of the Defendant Company; (ii) the case in which the Defendant Company invested in the development project; and (iii) the agreed to pay the agreed interest amount at the time of the occurrence of the project carried out by the Defendant Company by June 30, 2013.”

C. As of April 1, 2010, Defendant D drafted and delivered each of the investment bills (Evidence A 1-1) stating that “as of November 2, 2010, Defendant D shall be liable entirely for the principal amount at the time of maturity (as of November 2, 201), Defendant D shall be liable for the principal amount (as of November 2, 201, evidence A-2) with the content that “as of November 1, 2010, Defendant D shall be liable for the principal amount (as of November 2, 201, evidence A-2)” (hereinafter each of the above investment statements shall be referred to as “each of the instant investment notes”).

(2) Defendant D indicated the Plaintiff and Defendant D’s following as follows: (a) around August 2012, Defendant D indicated “one hundred million won per day” and indicated “one hundred million won.”

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