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(영문) 서울남부지방법원 2014.11.11 2014가단211835
손해배상(기)
Text

1. Defendant B’s KRW 100,000 and KRW 50,000,00 among the above money and KRW 100,000 from April 19, 201, and KRW 50,00,000.

Reasons

1. In fact, each of the following facts can be acknowledged in full view of the following facts: (a) the plaintiff and the defendant C did not dispute with each other; (b) Gap evidence Nos. 1-1-3, 2, 8, 10, and 14; and (c) the purport of the whole pleadings.

On October 19, 2010, the Plaintiff, Defendant C, E, and F 4 invested KRW 50 million each, and paid KRW 200 million in total to Nonparty G Co., Ltd. (hereinafter “Nonindicted Company”) under the name of investment and loan, and as a loan to Defendant B, respectively. The Nonparty Company returned the principal amount of KRW 200 million up to April 18, 201, but the interest rate shall be three copies, and 200 million won under the name of profit shall be the same year.

9. up to 30.30. In a case where all of the above dates are not returned, the non-party company offered the original copy of the sales contract for the I building 201 (hereinafter referred to as the “instant sales contract”) to the non-party company by entering into an agreement to move the I building 201, which the non-party company is in force, into a substitute. The instant sales contract includes the down payment at KRW 40 million, the seller is one other than D, and the buyer is the non-party company, respectively.

(B) The agreement of this case from the following (hereinafter referred to as the “instant agreement”).

Defendant B provided a joint and several guarantee to the Plaintiff, etc. of the non-party company under the instant agreement at the same time, and at the same time, prepared and issued a notarial deed of a monetary loan agreement to the Plaintiff, etc. on April 18, 201, stating that the borrowed principal shall be KRW 200 million.

C. The Plaintiff et al. and Defendant C agreed to keep the instant sales contract.

2. According to the facts found in the determination as to the claim against Defendant B, Defendant B’s claim against the Plaintiff for the amount of KRW 100,000,000,000,000,000 of the loan principal and the agreed income and KRW 50,000,000,000,000 following the date of the agreed repayment, from April 19, 2011, and from October 1, 201 to June 26, 2014, the date of delivery of the complaint against each of the above Defendant.

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