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(영문) 의정부지방법원고양지원 2019.05.01 2018가단79267
대여금
Text

1. The Defendants jointly and severally committed against Plaintiff A with KRW 44 million and Defendant C Co., Ltd. with respect thereto from August 25, 2018.

Reasons

1. Basic facts

가. 피고 C 주식회사(이하 ‘C’이라 한다)은 토목건축공사업 등을 영위하는 회사로 원고 A와 피고들 사이에 아래와 같은 내용의 차용약정서가 작성되었다.

The loan agreement shall borrow the above amount of KRW 44 million (44 million) on the basis of Plaintiff A under the loan agreement.

However, if you want to guarantee the borrowed amount, we can substitute the temporary division of the G-gun, Gyeonggi-gun, and other 27 parcels of canal wells, which we go through, with the down payment to F-type F (the site share of 396m2, road shares of 98m2, and 494m2 (149m2). On May 20, 2016, I confirm that the borrower will guarantee the principal for the said borrowed amount (44,00,000 won).

May 21, 2016 Defendant D

B. On June 22, 2016, a letter of loan between Plaintiff B and Defendant C was also drawn up as follows:

The above amount shall be specified in the loan agreement of Plaintiff B in this amount of two million Won (22 million won).

However, if you want to guarantee the borrowed amount, the provisional division of the Hegyeong-gun, Gyeonggi-gun, and other 27 lots of canal wells, which we proceed, may be substituted by 1/2 down payment for F (the share in the site, 396 square meters, road shares, 98 square meters, and 494 square meters (149 square meters) of the execution area, which is 494 square meters (149 square meters). The defendant C representative on June 22, 2016, the borrower's defendant C representative G [the fact that there is no dispute over the grounds for recognition, the entries in subparagraphs 1 and 2,

2. According to the above facts, according to the judgment on the cause of the claim, the Plaintiff lent KRW 44 million to the Defendant C, and the Defendant D jointly guaranteed the obligation to the Plaintiff, and the Plaintiff B lent KRW 22 million to the Defendant C. Thus, the Defendants jointly and severally agreed to the Plaintiff A, on the following day on which the copy of the instant complaint was served on the Defendants. Defendant C was from August 25, 2018, and Defendant D from November 8, 2018 to the day of full payment.

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