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(영문) 의정부지방법원고양지원 2015.05.15 2014가합4828
대여금
Text

1. The Defendants shall jointly and severally serve to the Plaintiff KRW 350,000,000 and the period from August 31, 2007 to May 15, 2014.

Reasons

1. Basic facts

A. On June 2, 2006, the Defendants and Nonparty D awarded a successful bid for each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in the Goyang Branch E Voluntary Auction Procedure for Goyang Branch of the District Court, and acquired the ownership of each of the instant real estate. On September 29, 2006, the Defendants and Nonparty D entered into a Rotterdam construction contract (hereinafter “instant construction contract”) with respect to each of the instant real estate as the representative of F Co., Ltd. and the construction business operator, who is a construction business operator, at KRW 51,678,00,000.

B. On September 29, 2006, Nonparty H, the Plaintiff’s death penalty, issued KRW 50 million to Defendant B, and received receipts from Defendant B under the name of Nonparty I, one of his wife, followed: (a) KRW 10 million on October 20, 2006; (b) KRW 150 million on November 6, 2006; and (c) KRW 300 million on December 12, 2006; and (d) paid KRW 350 million in total (hereinafter “the instant payment”).

C. The Defendants and D drafted a letter of undertaking to the effect that the amount of investment in each of the instant real estate to I for the date unfolding M&I shall be KRW 400 million for the construction cost, and that the price shall be adjusted later, and that the shares in the net profits of each month shall be 1/5.

On January 26, 2007, the Defendants and D prepared a letter of payment (hereinafter referred to as the "statement of payment in this case") stating that "the joint debtor will pay 350 million won of the unpaid loan amount (the corresponding amount to the payment in this case) as the joint debtor on October 20, 2006, by August 30, 2007." In order to secure the payment of the payment in this case, the Defendants and D completed the registration statement of establishment of a mortgage (hereinafter referred to as the "registration of establishment of a mortgage in this case") with respect to each real estate in this case, which is the joint owner of the Defendants and D, with the Ji Government District Court Goyang Branch Branch of the Goyang Branch Branch of the Goyang Branch Branch of the 10931, Jan. 26, 2007, the Plaintiff, the Defendants and D, the maximum debt amount, 350 million won, and the maximum debt amount.

E. The Defendants and D shall be on January 29, 2008.

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