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(영문) 서울북부지방법원 2017.11.16 2017가합23992
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion: (a) lent KRW 300 million to C on April 18, 2007; and (b) on September 19, 2007, D prepared a confirmation of the following facts (Evidence A1) and delivered to the Plaintiff.

The plaintiff (hereinafter referred to as "A") provided daily amount of KRW 300 million to C on April 18, 2007 as investment money.

Among them, KRW 250 million was borrowed as part of the KS underwriting contract amount, and KRW 50 million was used by C for the operation of the office in E.

D (hereinafter referred to as “B”) agrees to pay the above amount by subrogation as the above subscription contract becomes null and void and the above amount cannot be repaid, and it agrees with “A”.

Eul shall deliver to Gap the 300 million won in real on December 12, 2007, the protected 60,000 shares of Lathers Co., Ltd. are terminated.

on December 12, 2007, if the price per share does not reach 5,000 won when the real property is delivered, B undertakes to preserve it.

At the time of the preparation of the above fact-finding certificate, the defendant was present as a witness, and prepared and delivered to the plaintiff a letter of commitment (Evidence A 2, 2007, Sept. 8, 2007, which was prior to the preparation of the fact-finding certificate, the defendant has joint and several liability for KRW 300 million that D

Promises: Defendant I guarantee the fulfillment of an undertaking to be made on September 13, 2007, in order that the said commitment is made to pay 60,000 Lits Stocks, which are promised to be paid for the purpose of satisfaction of C’s obligation.

B. Determination Gap evidence No. 2 (Written Declaration) is understood as promising D to perform notarial acts, and it cannot be viewed as the purpose of the defendant's joint and several sureties, and thus, the plaintiff's assertion is rejected.

2. The plaintiff's claim is dismissed.

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