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(영문) 수원지방법원 2020.01.16 2019가단542819
보증채무금
Text

1. As to KRW 70,00,000 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff the year from October 31, 2018 to January 16, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff invested KRW 50,000,000 in a non-party company under the condition that the interest calculated at a certain interest rate during a certain investment period is to be paid after a certain investment period according to the Defendant’s investment recommendation that was held as a director of the Co., Ltd. (hereinafter “Nonindicted Company”).

B. However, even after the expiration of the investment period, the Plaintiff was not paid the investment principal from the non-party company, and the Plaintiff was not paid the interest on the investment principal during the investment period.

C. On September 27, 2018, the Plaintiff prepared and received each of the following major contents from the Defendant (hereinafter “instant notes”).

Each letter B, each letter, shall, on September 27, 2018, note that the investment amount and interest A (gold 70,000,000) (gold 50,000,00) D (gold 9,500,000) E (gold 9,50,000) shall be commercialized at the time of distribution of token and shall be repaid not later than October 30, 2018. If each letter fails to comply with the above terms, I undertake to assume civil or criminal responsibilities.

On September 27, 2018, the additional note B: I would like to encash the amount paid and sold through B account at the time of Bonerco distribution. I would like to discuss the repayment plan for the difference later. B

D. The Defendant, as stated in the instant note, failed to encash F to the token, and was unable to repay 70,000,000 to the Plaintiff until October 30, 2018.

【Reason for Recognition】 Each entry of Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Determination

A. In full view of the following circumstances acknowledged by the above facts recognized and each of the above evidence, the Defendant should pay KRW 70,000,000,000, including the Plaintiff’s investment principal 50,000,000, and interest accrued thereon, to the Plaintiff by October 30, 2018.

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