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(영문) 의정부지방법원고양지원 2015.09.10 2014가합4675
대여금등
Text

1. The Defendants jointly share KRW 100 million with the Plaintiff, and Defendant B and C with respect thereto, respectively, and Defendant D with respect to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating a manufacturer company (E) that manufactures synthetic resin as a raw material (E).

B. Defendant B is a person engaged in the business of manufacturing synthetic resin with the trade name of “F,” and Defendant C is a husband of Defendant B who operates F jointly with Defendant B.

C. On April 27, 2012, with respect to the land size of 3,689 square meters (hereinafter “instant real estate”), which is owned by the Plaintiff, the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) with the Seoul CBK Co., Ltd. (hereinafter “Seoul CBK”): Defendant B and the maximum debt amount: KRW 100 million was completed.

On July 30, 2013, the Plaintiff was drafted by Defendant C and D with the following statement of performance (hereinafter “instant statement of performance”).

In April 2012, the plaintiff, defendant C, and D agreed to carry out this implementation with respect to land security (the real estate in this case) provided by the plaintiff to F for smooth credit transactions.

By October 2013, Defendant D shall terminate the land security provided by the Plaintiff to F and terminate all the provisional seizure of the land.

In this fact, Defendant C written the loan certificate on July 31, 2013 with respect to all obligations (29 million won) to the Plaintiff and repaid the loan certificate until December 2013.

In addition, if Defendant D is not responsible for the termination of land security by October 2013, Defendant C guarantees limited liability.

E. On July 31, 2013, Defendant C, as a surety, prepared and provided the following loan certificates to the Plaintiff (hereinafter “instant loan certificates”).

Since April 2012, I have been responsible for the Plaintiff and the F Credit total amount of KRW 29,040,000,000, respectively.

This amount is to be repaid to the Plaintiff by December 2013. If it is not in accordance with this, it will be charged to the Plaintiff with civil and criminal liability.

F. Meanwhile, the Defendants are the defendants.

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