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(영문) 서울중앙지방법원 2019.06.27 2018가합562587
대여금
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 1,135,479,452 and KRW 1,00,000,000 among them, from June 19, 2018 to June 2019.

Reasons

A. A project agreement to promote (hereinafter “instant project agreement”) was concluded, and Defendant B jointly and severally guaranteed Defendant C’s obligation pursuant to the instant project agreement, and the content of the instant project agreement pertaining to the instant case is as follows.

“A”: The Plaintiff and “B”: Defendant C Article 3 (Development Corporation and Operation) ① For the promotion of the instant project, “A” and “B” shall designate the development project of the instant project as “B” (the trade name before the change of Defendant D”) and “A” shall allocate the shares of G in proportion to the proportion of 60:40, respectively.

Article 6 (Duties of “A”) (2) “A” and “B” shall, for the successful implementation of the project in this case, prepare a monetary loan agreement with respect to the initial cost of the project in question as follows:

- A - A - KRW 100 million per day (1,00,000,00) - The repayment period: One year from the date of loan payment * Interest: Six months from the date of loan payment : six months from the date of loan payment * 6% per annum from the date of payment 6 months after the six-month period * Joint and Several sureties: A: A person designated by the “A” (3) The “A” shall deposit the one-day loan 1,00,000 (1,000,000) in the G account in the company within five business days from the date of conclusion of the monetary loan loan contract, and the one-day investment amount (8,000,000,000) after the preferential bidder is designated as a person subject to preferential bargaining shall deposit the “A” in the same account for project costs under an agreement between “A” and “B”.

Article 7 (Duties of “B”) (2) “B” shall secure the status of a preferential negotiating party in connection with the instant project, and in the event of failure to secure, “B” shall reimburse “A” for the amount of KRW 1,000,000 (1,000,000) of the loan under Article 6.

Provided, That after designating a person subject to preferential bargaining, "B" shall not be obliged to repay, and shall be treated for the initial project cost of G of the development corporation.

2. The instant business agreement.

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