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(영문) 수원지방법원안양지원 2015.01.23 2014가합102925
보증채무금
Text

1. Defendant B’s KRW 439,642,953 as well as 6% per annum from June 3, 2011 to March 21, 2014.

Reasons

1. Facts of recognition;

A. The plaintiff is a company aimed at real estate development projects, etc., and the defendant A is the representative of the Steering Committee of the clan C (hereinafter "the clan of this case"), and the defendant B is the representative of the clan of this case.

B. On June 20, 2008, the Plaintiff purchased KRW 17.779 billion (hereinafter “the instant trade agreement”) from the Defendants representing the instant clan, for the purpose of promoting the apartment development project, the amount of KRW 500 million for the agreement amounting to KRW 17.79 billion (hereinafter “the instant trade agreement”). On the same day, the Plaintiff paid to the instant clan a sum of KRW 500 million according to the agreement under the said agreement.

C. On June 20, 2008, the Plaintiff entrusted G Co., Ltd. (hereinafter “G”) with the business of graveyarding for the clan of this case on the ground of each of the above land (hereinafter “instant land”) in KRW 7.8 billion (hereinafter “instant service contract”). The Defendants jointly and severally guaranteed the obligations of G under the said contract, and Article 2(2) of the said service contract is as follows.

On the same day, the Plaintiff paid the down payment of KRW 2.3 billion to G in accordance with the instant service contract.

Clause of the instant service contract

2. A (the Plaintiff) shall return the real estate trading agreement amount (the KRW 500 million) and the graveyard service agreement amount (the KRW 2.3 billion) and the real estate owner B (G) with the top priority when destroying the instant trading agreement due to the circumstances of the Plaintiff.

Provided, That the time of return shall be the first priority when the third party purchaser concludes a real estate contract and pays the down payment.

On June 20, 2008, the Plaintiff signed a letter of commitment on the instant service contract (hereinafter “instant letter”) with the Defendants who represented the instant clan on June 20, 2008, and the purchase of the instant real estate and the letter of commitment on the instant service contract. The main contents are as follows.

The letter of commitment of this case

5. A (the clan of this case) is the real estate sales agreement and the cemetery funeral service agreement when the business is waived due to Party A’s circumstances.

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