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(영문) 서울중앙지방법원 2017.09.21 2017가단5011103
대여금
Text

1. The Defendants jointly share KRW 200,000,000 with respect to the Plaintiff and the Defendant Co., Ltd. from October 25, 2016.

Reasons

1. Facts of recognition;

A. On April 1, 2015, the Plaintiff and Cheongtok Construction Co., Ltd. (hereinafter “Cheongtok”) entered into an “Quarrying Project Investment Contract” (hereinafter “First Investment Contract”), and the contents relating to the instant case are as follows.

Article 2 (Details of Stone Collection Projects)

1. Project name: A project for collecting earth and rocks on the paper of the west-gun, Chungcheongnamcheon-gun, Chungcheongnam-gun;

5. Project period: up to the completion of collection of earth and rocks on the land subject to the project;

6. Person holding the authority to collect earth and rocks: Defendant Moraldo C&C (hereinafter referred to as “C&C”);

7. Project: Article 3 (Investment and Performance of Projects) of the Act on the Construction of Substitute Land.

1. The Grand City establishes Taesan Construction Co., Ltd., Ltd., a purpose corporation (SPC), and the Plaintiff shall deposit KRW 200 million investment funds at the time of the incorporation of this corporation in the corporate passbook.

(The plaintiff shall approve the use of investment funds after receiving the payment guarantee certificate).

2. The Cheongtop shall transfer to the executor the right to execute a construction contract entered into with the Defendant LAWC, so as to be a tentative term construction to be newly established.

3. The Supreme Court held that, for the Plaintiff’s investment amounting to KRW 200 million, Defendant Moral C&C, an executor, submitted a payment guarantee letter issued by a financial institution to the Plaintiff, and that, within November 30, 2015, it shall return KRW 200 million to the Plaintiff.

B. Around April 9, 2015, Defendant LAC (or Grand C&C) issued to the Plaintiff a letter of guarantee on April 9, 2015 (hereinafter “the first letter of guarantee”) pursuant to Article 3(3) of the instant First Investment Contract, and the relevant content of the instant case is as follows.

O Creditor: Plaintiff’s guarantor: Defendant Korea Guarantee Finance Capital Co., Ltd. (former trade name before the change: hereinafter “Korea Guarantee Finance Capital”); The content of Defendant Moral C&O’s guaranteed obligation: The guaranteed amount of specific debt guaranteeO: KRW 200 million guarantee period from April 9, 2015 to December 9, 2015: The time of the claim for O’s guaranteed obligation from April 9, 2015 to December 9, 2015: Within 30 days after the expiration of the guarantee period.

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