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(영문) 수원지방법원성남지원 2016.11.10 2015가합207750
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 114,48,152 as well as the interest rate from August 4, 2008 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff agreed to lend KRW 150 million to Defendant B as business funds, and on August 22, 2007, between Defendant B and Defendant B, the following performance note is referred to as “the first performance note.”

The defendant C prepared and jointly guaranteed this on the same day.

On August 24, 2007, the Plaintiff deposited KRW 150,000,000 according to the first performance note to Defendant B.

The title of this conduct: The name of factory of the content of investment in Indonesia factory funds: D

1. The defendant B promised to pay the amount agreed to USD 1500,000 as of August 24, 2007, together with the receipt of USD 150,000,000 as of August 24, 200.

2. Defendant B owned 49% of the shares of a local corporation in Indonesia by having the Plaintiff hold a debt of KRW 150 million with respect to the debt of KRW 10,000,000, and both parties together with credit and share agreed upon.

3. It promises to maintain the ownership of shares in a local corporation in Indonesia until its debt relationship with the loan ceases completely to exist.

4. Defendant B shall hold and manage all the management rights for the factory, and the Plaintiff shall maintain only the ownership of shares until his bonds and obligations are completely extinguished.

5. Period of redemption from September 2007 to December 15, 2008.

B. Defendant B deposited USD 13,49,50 on October 3, 2007; ② November 7, 2007; ③ November 27, 2007; ④ January 8, 2008; ⑤ April 8, 2008; and each of the above amounts deposited USD 15,025 on the Plaintiff’s account according to the exchange rate as at the date of repayment; ② each of the above amounts was deposited as KRW 13,596,50 on the Plaintiff’s account at the exchange rate as at the date of payment; ② KRW 13,449,50 on November 7, 2007; ③ KRW 13,78,500 on November 28, 2007; ④ KRW 15,025 on April 13, 2008; and each of the above amounts was deposited into the Plaintiff’s account at the exchange rate as at the date of payment.

(B) The transfer date of Defendant B and the deposit date of the Plaintiff’s account seems to be the next, and each of the above money deposited into the Plaintiff’s account (hereinafter “each of the above payment”).

The plaintiff.

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