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(영문) 창원지방법원 2015.08.27 2014가합1621
약정금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 29, 2008, Plaintiff A, C, and F paid KRW 100 million to F engaging in real estate investment business, and Plaintiff C paid KRW 30 million to F on April 30, 2008, respectively. 2) on April 29, 2008, “F borrowed KRW 160 million from Plaintiff A’s wife, the representative director of which, on April 29, 2008, Company G borrowed KRW 160 million from Plaintiff A’s wife, and written an authentic deed with the same content.

B. On December 14, 2007, Defendant D 200,000,000 won on June 14, 2008, under the name of the due date for payment between the Defendants, B, and F, and on December 14, 2007, "the amount of KRW 100,000,000 on December 17, 2007, 307, E 100,000,000 won on December 17, 2007, and the Defendants "the amount of KRW 50,000,000 on June 30, 2008, Plaintiff 10,000,000 on March 5, 200, and the amount of KRW 40,00 on June 14, 200, Defendant 108, "the amount of KRW 00,000 on June 14, 2008, respectively.

(The amount of KRW 50 million in item 9 is the amount paid by Plaintiff B to the Defendants). (b)

F’s disposal document No. 1) F prepared and delivered a loan certificate stating that “420,000,000 won shall be due and payable on December 14, 2007 to Defendant D with a sum of KRW 300,000,000 as stated in No. 1,2 of the above payment statement from Defendant D and Plaintiff B, and that “F borrowed KRW 420,000 from Defendant D as of June 14, 2008.” On the same day, F drafted a notarial deed of money consumption loan No. 4435 of Changwon Law Firm, No. 2007, on the same day, a notary public stating the purport of recognizing compulsory execution against a loan of the same content as stated in the above loan certificate, as of June 14, 207, F received from Defendant E the above payment statement No. 3,00,000,000 from Defendant E, and on December 14, 2007, the maturity for payment was determined as KRW 6300,000.

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