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(영문) 서울중앙지방법원 2019.05.02 2018가합504307
사해신탁취소 등
Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 750,000,000 and KRW 650,000,000 among them.

Reasons

Plaintiff

On October 29, 2015, Plaintiff A (the mother of Plaintiff B) lent KRW 650 million to F Co., Ltd. (the representative director at that time, Defendant D was the representative director; hereinafter “F”) at interest rate of KRW 24 million per annum and immediately after the completion of the G G G G in North Korea prior to the due date for payment, and on the same day, F prepared and issued a written statement of performance for the Plaintiff’s KRW 650 million to the Plaintiff.

Plaintiff

A on January 19, 2016, the date on which Plaintiff A remitted KRW 100 million to F is claimed as January 18, 2016, but all the original and the Defendant claimed as January 19, 2016 the loan date of KRW 100 million. Thus, the above loan date of KRW 100 million is recognized as January 19, 2016.

F lent KRW 100 million to F on a yearly basis, 24% of the interest rate, and immediately after the completion of Gran-gun, North Korea, the due date of payment, and F prepared and issued a written statement of performance for the above KRW 100 million to the Plaintiff A on the same day.

On December 27, 2016, Defendant C (hereinafter “Defendant C”) and D prepared and issued to the Plaintiff a letter of performance that the Plaintiff would pay the Plaintiff KRW 650 million on October 29, 2015, and KRW 100 million on January 19, 2016 and interest on each of the above loans (24% per annum).

On February 23, 2017, Defendant C and D have borrowed KRW 949,66,660 (i.e., KRW 650 million and its interest KRW 177,66,660,000 and its interest KRW 22,00,000,000) from Defendant C and D, and issued to the Plaintiff, a certificate of loan to the effect that “Defendant C and D will repay the above loan by March 20, 2017 (payment at the time of a bank loan).” The above certificate of loan signed by Defendant E as a joint and several surety.

On October 5, 2016, Defendant C completed the registration of preservation of ownership on the H building on the land outside Seoul-gun, Chungcheongnam-gun, and four lots of land, and completed the registration of trust on October 27, 2017, Defendant C’s trust on the above building.

Defendant C repaid KRW 100 million to Plaintiff A on November 3, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 10, 11, and 12 (if there are serial numbers, including branch numbers; hereinafter the same shall apply), each statement, pleading.

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