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(영문) 수원지방법원 성남지원 2018.11.13 2018가합929
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 22, 2005, C and D drafted an agreement on the repayment of claims (Evidence A 6; hereinafter “instant agreement on the repayment of claims”) with E as follows:

A A: A and D B: The following agreements shall be agreed upon when transferring F-Sales (the borrowed name) owned by E to B as credit reimbursement:

:

1. Terms and conditions of transfer: The amount equivalent to 10% of the fixed-term payment contract amount out of the total name of approximately 17 billion property owned by A, and approximately 1.7 billion won among the total amount of 17 billion property owned by B, A shall be exempted from the development cost of the commercial property and the exclusive product of each commercial property shall be recognized, subject to the condition that B shall pay in cash and provide convenience to A;

2. Termination of a claim: B shall be deemed to extinguish a claim amounting to one billion won out of the amount invested to D in connection with G investment.

B. D, around 2011, made and delivered to E a letter of delegation (No. 5) with respect to the F building located at H in Busan-gu, Busan-gu, as follows:

A delegating person D comprehensively delegates rights, authority (sale, sale, sale, and secured loans) to the delegated person E and later the delegating person promises not to raise any objection to the delegated person in any case.

The defendant and the potential concessionaire who are the title of the building will be designated as the delegated person E.

On May 27, 2015, the Plaintiff drafted each of the following descriptions (Evidence A7, hereinafter “each of the instant notes”) between E and E:

If a debtor I and the creditor are unable to pay the debt amount of KRW 740,000,000 to the loan certificate that was concluded on May 27, 2015 by the due date until June 15, 2015, E shall transfer the debt amount of KRW 1.7 billion to the plaintiff under the loan repayment agreement of this case.

On August 28, 2015, the Plaintiff sent a content-certified mail (Evidence A No. 1) to the Defendant as follows:

Title: 2.00.00.00.00.00.00.00.00.00.00.00.00.

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