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(영문) 창원지방법원 진주지원 2017.04.27 2015가단33904
약정금
Text

1. The Plaintiff:

A. As to Defendant B, KRW 154,192,860, and KRW 53,900,00 among them, Defendant B shall be from September 1, 2012 to April 27, 2017.

Reasons

1. Basic facts

A. The Plaintiff loaned money to Defendant B as follows. Defendant C guaranteed the obligation to return the loan to the Plaintiff. On February 1, 1999, 200,000 won as of February 15, 1999, Defendant C’s 3.3% (50,000,000 won) on February 4, 1999 as of February 15, 1999 (500,000 won) and Defendant C2 agreed on July 4, 2009 to repay the principal to Defendant C25,00,000 won on July 13, 200, and the remainder of 10,000 won from July 13, 201 to December 30, 2005 (the remainder of 20,000 won).

Defendant D guaranteed Defendant B’s above loan obligations against the Plaintiff.

B. On February 1, 2000, the Plaintiff: (a) transferred “F” in Kimhae-si, operated by the Plaintiff to Defendant B for the purchase price of KRW 80,000,000; (b) however, (c) KRW 40,000,000 out of the purchase price was to substitute for Defendant B to pay for the purchase price of KRW 40,000,000 to the Plaintiff’s stable.

Defendant C guaranteed Defendant C’s obligation for the instant transfer price to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1-4, 7 evidence, the purport of the whole pleadings

2. The agreement between the Plaintiff and Defendant B on January 2004 and the Defendants’ responsibilities

A. According to the evidence evidence No. 5 presumed to have established the authenticity of the entire document due to the lack of dispute between Defendant B and Defendant B in January 2004 (hereinafter “the instant agreement”), the Plaintiff and Defendant B agreed to pay 53,900,000 won each month of the remainder of the loan amounting to KRW 15,500,000 among the loan principal amounting to KRW 25,000,000 (principal amounting to KRW 700,000, interest50,000) around January 204.

B. Defendant B’s liability 1, pursuant to the instant agreement, KRW 53,900,00, and Plaintiff’s claim from February 2004.

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