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(영문) 광주지방법원 2018.06.19 2016가단510278
구상금
Text

1.(a)

Defendant C District Housing Association and Defendant D Co., Ltd. shall jointly and severally file with the Plaintiff KRW 200,000,000.

Reasons

1. Facts of recognition;

A. On April 18, 2013, the Ulsan Jung-gu Committee for Promotion of Regional Housing Association (hereinafter “instant Promotion Committee”) and D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) concluded a monetary loan agreement with Nonparty H to borrow 200 million won and pay 400 million won including dividends (hereinafter “instant contract”).

B. The instant promotion committee and the Defendant Company decided to pay 200 million won by August 18, 2013, and the remaining agreed amount of 200 million won (hereinafter “instant agreed amount”) shall be paid in lump sum prior to the surplus funds for the instant project or the payment of agency fees after the establishment of the association, and the instant promotion committee and the Defendant Company shall secure a written consent for land use at least 95% for the instant apartment project site by the end of April 2013, and if it is impossible to secure the said written consent for land use, the said written consent shall be returned in full.

C. In order to perform the above debt repayment, Defendant E, Defendant F, the representative director of the Defendant Company, and the sales agency company, the Plaintiff Company, as the chairman of the Promotion Committee of this case, jointly and severally guaranteed

(A) Defendant E argues that the representative of the Plaintiff Company and the representative of the Defendant Company have affixed their official seal without the Defendant’s consent or consent, but there is no evidence to acknowledge it).

On May 8, 2013, the Defendant Company and the Plaintiff issued to H a promissory note No. 400 million won at face value, the date of issuance May 8, 2013, and the date of payment August 18, 2013.

E. The instant promotion committee and the Defendant Company repaid 200 million won to H on August 18, 2013, but did not secure a written consent to land use and its members.

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