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(영문) 수원지방법원성남지원 2013.12.10 2013가합2043
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 3,023,164,82 as well as as the period from September 8, 2012 to December 10, 2013.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in accordance with the purport of Gap evidence 1 to Gap evidence 2, Eul evidence 2, and the whole pleadings:

Nonparty E is the chairperson of Nonparty F Group, Defendant B is the vice-chairperson of the F Group, and Defendant G and Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Defendant Co., Ltd. changed its trade name to C on November 4, 2012) is a company substantially operated by E as an affiliate of the F Group.

B. The Plaintiff invested KRW 2 billion in G and KRW 1 billion on April 22, 2010, and returned part of the investment as of February 15, 2012, and became KRW 3.5 million. On February 16, 2012, E succeeded to the Plaintiff’s “E’s investment funds to Plaintiff Company G” as “loan to Plaintiff’s Party E,” and paid the Plaintiff KRW 3.35 million in installments until September 30, 2012. As such, the Plaintiff’s signature and seal was in dispute as to the above funds from March 31, 2012 to KRW 1.5% from the end of each month to April 22, 2010 (hereinafter “this case’s loan certificate,” the Plaintiff signed and sealed the agreement, and the Defendant’s name and seal was signed and sealed at the time of signing and sealing the agreement.

(hereinafter “instant joint and several sureties Agreement”). (c)

Around August 17, 2012, the Defendant Company (I: the representative director at the time: I) agreed with the Plaintiff that “If the Defendant Company pays KRW 500 million to the Plaintiff by August 31, 2012, the Defendant Company waives the remainder of the Defendant Company’s joint and several sureties obligations under the instant joint and several sureties agreement” (hereinafter “instant mitigation agreement”).

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