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(영문) 서울중앙지방법원 2017.01.10 2016가합7314
보증채무금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Status of the parties and payment of the instant money 1) C (hereinafter “C”)

(2) From January 29, 2008 to May 27, 2009, the Plaintiff deposited KRW 931,780,000 (hereinafter “the instant money”) in the Defendant’s bank account, as shown in the attached Form, from January 29, 2008 to May 27, 2009.

B. 1) The issuance, etc. of the Promissory Notes 1) C is the Plaintiff on December 17, 2008, with a face value of KRW 500 million and a Promissory Notes 16 December 16, 2009 (hereinafter “instant Promissory Notes 1”).

The defendant issued and delivered the bill, and the defendant affixed the seal on the bill as the guarantor. 2) On February 23, 2004, the transfer registration of ownership in the name of the defendant was completed on December 24, 2008, the provisional registration of the right to claim the transfer of ownership in the name of the plaintiff was completed on December 24, 2008, and the provisional registration of the right to claim the transfer of ownership in the name of the defendant was completed on August 2, 2004, and on December 24, 2008, the provisional registration of the right to claim the transfer of ownership in the name of the plaintiff was completed on December 24, 2008, respectively.

C. 1) On January 13, 2009, C issued Promissory Notes No. 2 (hereinafter “instant Promissory Notes”) with face value of KRW 310 million and payment period of KRW 300 million on April 30, 2009 (hereinafter “instant Promissory Notes”) and Articles 1 and 2 are “each Promissory Notes”.

(2) On January 15, 2009, the registration of the transfer of ownership in the name of the defendant and the provisional registration of the right to claim the transfer of ownership in the name of the plaintiff was completed.

3) On April 8, 2009, C prepared a written completion certificate to the Plaintiff that “A shall confirm that the Plaintiff has fully paid KRW 100 million to C with the promotion fund for J projects, and C shall promise the Plaintiff to transfer 5% of the total equity interest to the Plaintiff. 4) On May 29, 2009, with respect to the forest Kandong-gun, Gyeongnam-gun, Gyeongnam-gun, Seoul, the registration of ownership transfer under the name of the Defendant and the provisional registration of the right to claim ownership transfer under the name of the Plaintiff was completed, and C on June 8, 2009.

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