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(영문) 대전지방법원천안지원 2019.02.22 2018가합102037
대여금
Text

1. The Defendants shall jointly and severally serve as KRW 500,000,000 on the Plaintiff and as a result, from February 1, 2011 to June 12, 2018.

Reasons

1. Basic facts

A. Defendant C is a de facto representative operating Defendant C Co., Ltd.

B. On March 24, 2010, the Plaintiff (hereinafter “Plaintiff”) entered into a contract to purchase KRW 116,03 square meters of Ginsan-si G forest, H forest, 2,380 square meters, I 77 square meters, J 493 square meters, and 50 million won of J 493 square meters (hereinafter “the first sales contract”). On the same day, F paid 10 million won of the down payment and 60 million won of the introduction fee to E.

C. On May 8, 2010, Defendant B (the representative of Defendant C) drafted a contract with E, a representative of F and K, to purchase four parcels of real estate purchased by the said Plaintiff on the part of F, as well as 393 square meters of G-si L/C owned by K (hereinafter collectively referred to as “each of the instant real estate”) at KRW 1 billion (hereinafter referred to as “the second sales contract”).

The Defendants paid KRW 500 million to F&K as down payment and remainder, and on June 28, 2010, the Defendants and M completed the registration of ownership transfer on each of the above real estate.

The Defendants knew of the existence of the first sale contract at the time of the conclusion of the second sale contract. The Defendants borrowed KRW 500 million from the Plaintiff on June 25, 2010 to the Plaintiff, and Defendant B borrowed KRW 500 million from the Plaintiff on or around June 25, 2010, and jointly and severally guaranteed by Defendant C, the amount of KRW 31 billion on December 31, 2010, and the amount of KRW 300 million on January 31, 201 (hereinafter “the instant monetary loan certificate”) were prepared and delivered to the Plaintiff on February 15, 2011, with regard to each of the instant real estate as the mortgagee, Defendant B, and the maximum debt amount of KRW 50 million, each of the registration of creation of a mortgage was completed on February 15, 2011.

【Ground of recognition】 Each entry of evidence Nos. 1, 2, 1, 2, 3, and 5 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion of this case.

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