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(영문) 수원지방법원 2014.12.19 2014가합287
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 150,000,000 and the period from May 24, 2012 to December 19, 2014.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion D around September 20, 2010: (a) lent KRW 200 million to the Defendants on December 20, 2010; (b) on the same day, the Defendants were issued a promissory note, which is the Seoul Special Metropolitan City (hereinafter “instant promissory note”) at the place of payment, payment, place of payment, and place of issuance, respectively, issued by the Defendants on the same day as the security of the said loan.

Therefore, the defendants are jointly and severally liable to pay the above KRW 200 million and damages for delay to the plaintiff who is the sole heir of the network D.

B. The Defendants asserted that the promissory note was issued by the Defendants, upon being introduced Nonparty E from the network D, invested in the F&C development project that was in progress by borrowing KRW 150 million from the network D and then E invested in the F&D development project that was in progress by the network D, while paying KRW 200,000,000,000,000,000,000,000,000,000,000,000 won, which was borrowed from the network D, is merely KRW 150,000.

C. In light of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 and 2 (including the number of branch numbers), the defendants issued the Promissory Notes to the deceased on or around September 20, 2010, and the network D died on or around February 14, 2013, and the plaintiff, who is the deceased's own heir.

Meanwhile, the above facts are as follows: (a) Defendant C entered into a transfer/acquisition contract with Nonparty E on September 20, 2010 on the land, building and building and the right to authorization/permission, etc. located in the F of the wife population F as of September 20, 2010; (b) it appears to have paid KRW 150 million as the first down payment to E on the same day; (c) the networkD remitted only KRW 150 million to Defendant C’s national bank account on September 20, 2010; and (c) the Defendants sent only KRW 150 million to Defendant C’s national bank account on September 20, 2010;

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