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Reasons
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(영문) 서울고등법원 2021.01.22 2020나2025664
대여금
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All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and the appeal shall be 1.

Reasons

1. Details of preparation of the loan certificate;

A. On February 4, 2015, the Plaintiff contracted and constructed the construction of the Songpa-gu Seoul E building (hereinafter “instant building”) from Company D (hereinafter “instant construction”) with respect to the construction of new buildings (hereinafter “instant construction”), but did not receive approximately KRW 300 million of the construction cost.

B. On December 24, 2015, Defendant B acquired ownership of 50% shares in respect of each of the entire parts of the instant building.

(c)

Defendant B, on January 21, 2016, as the partner company of the instant construction, agreed to jointly take over the obligation of KRW 1,30 million out of the amount which was not paid to Plaintiff F (hereinafter referred to as “Plaintiff, etc.”) G, H (I), J (K), L company, M company, M company, and N company (hereinafter referred to as “Plaintiff, etc.”), which is the partner company of the instant construction, participating in the instant construction, as of January 21, 2016, Defendant B agreed to jointly take over the obligation of KRW 1,000,000,000,000 to the Plaintiff, etc. on the same day, and on March 30, 2016.

D. The loan certificate (No. 4, hereinafter referred to as “the loan certificate of this case”) written to the effect that D. Defendant C guaranteed the debt pursuant to the loan certificate of this case.

(d)

On January 8, 2016, subcontractors agreed to receive KRW 1,00,000,00 which the Defendants shall pay according to the loan certificates of this case; KRW 240 million; KRW 188,00,000; KRW 100,000; KRW G 70,000; KRW 100,000; KRW L Company 262,000; KRW M Company 150,00,000; KRW 16,000; KRW 16,000; KRW J (K); KRW 240,000 + KRW 18,000 + KRW 270,00 + KRW 160,00 + KRW 160,000; KRW 261,000; KRW 361,000,000; and KRW 361,40,000,00 of the total number of witnesses; and

2. The arguments of the Parties; and

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