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(영문) 서울중앙지방법원 2017.01.09 2016가합509537
대여금
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. 1) The Plaintiffs are married couple, and Plaintiff B is the husband of Plaintiff A. 2) Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company with the purpose of leasing, selling, selling, selling, etc. new buildings, and Defendant D is the representative director of Defendant C.

B. A) On September 16, 2005, the Plaintiff remitted KRW 100 million to the account of Defendant C, KRW 200 million September 23, 2005, and on September 23, 2005, the Defendants and “Plaintiff A shall pay KRW 300 million to Defendant C on February 28, 2006, KRW 1% per annum, KRW 25% per annum, and KRW 300 million per annum, and Defendant C shall jointly and severally guarantee the obligation of Defendant C, KRW 300,000,000, KRW 300,000,000,000,000,000,000,000,000 won, and KRW 306,000,000,000,000.

3) On April 4, 2007, the Plaintiff C and the Plaintiff C borrowed KRW 400 million with funds for the business operation of the business of acquiring the business right of land E and 14,000,000,000 won, and in the event that the normal PF is made in this business area, the principal and interest per annum 10% per annum shall be preferentially repaid and the interest per annum shall be guaranteed at 20% of the amount after the tax payment at the time of settlement of profits after the termination of the business (No. 10, hereinafter each of the above notarial deeds and receipts shall be referred to as “each of the instant notarial deeds and receipts”).

(A) prepare A, on April 12, 2007, remitted KRW 300 million to the account of Defendant C. [based on recognition] The fact that there is no dispute, Gap 1, 3, 5, 8, 10, 11 (including the serial number; hereinafter the same shall apply)

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