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(영문) 수원지방법원 안양지원 2018.09.20 2017가단119965
대여금
Text

1. Defendants B, C, and D shall jointly and severally serve as KRW 120,000,000 on the Plaintiff and as a result, from July 1, 2015 to February 8, 2018.

Reasons

1. Facts of recognition;

A. On June 23, 2014, the Plaintiff leased KRW 50,000,00 to Defendant B on July 23, 2014, setting the due date for reimbursement of KRW 50,000,00 to Defendant B, and Defendant D entered into a joint and several guarantee agreement for the said obligation.

(hereinafter “instant loan”). (b)

On August 12, 2014, the Plaintiff invested KRW 40,000,00,000 to Defendant B (hereinafter “instant land”). The Plaintiff purchased KRW 170,000 per square meter from the purchase to sell the pertinent land and distribute the profits to Defendant B to 5:5.

(hereinafter referred to as “the instant investment agreement”). (c)

Defendant B failed to repay the instant loan obligation and failed to perform the instant investment agreement, and on March 20, 2015, Defendant B agreed to set up a collateral security agreement with Defendant B, C, and D liable and to set up a collateral security, if the land was sold to 300,000,000 won per square day by April 30, 2015, including the principal and interest of the instant loan obligation and the investment amount under the instant investment agreement, etc. on March 20, 2015.

Defendant B, C, and D were unable to implement the agreement on March 20, 2015, and around June 2, 2015, Defendant B, C, and D decided to repay KRW 120,000,000, which is the amount stipulated in the agreement on March 20, 2015, to the Plaintiff during June 2015, and, if not, written a written statement of performance to accept any measure of civil or criminal offense.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 11 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the judgment on the claims against Defendant B, C, and D, according to the above facts of recognition, Defendant B, and D are jointly and severally provided for 120,000,000 won to the Plaintiff as well as 5% per annum from July 1, 2015 to February 8, 2018, which is the date of final delivery of the instant complaint, and 15% per annum from the next day to the date of full payment.

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