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(영문) 대구지방법원 의성지원 2018.09.18 2018가합10028
보증채무금
Text

1. The Defendant shall pay the Plaintiff KRW 500,000,000 and the interest rate of KRW 15% per annum from April 4, 2018 to the date of complete payment.

Reasons

1. In full view of the purport of the entire pleadings as to the cause of the claim No. 1-1 and No. 2, the Plaintiff loaned KRW 500 million to C, and the Defendant, on December 20, 2013, prepared and delivered to the Plaintiff a letter of payment with the purport that “the said KRW 500 million will be subrogated by April 30, 2014” (hereinafter “instant letter of payment”) to the Plaintiff on December 20, 2013, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 4, 2018 to the date of full payment following the delivery of a copy of the instant complaint.

2. Judgment on the defendant's assertion

A. The Defendant: (a) entered into a partnership business agreement with D Co., Ltd. (hereinafter “D”) and E; (b) entered into G development projects that build golf courses, containers, spons, and so on at least the F members of the Hanam-gun, Chungcheongnam-do; and (c) invested KRW 281 billion from the beginning of November 2013 to March 27, 2014 as the initial business fund.

However, on December 20, 2013, E, while running H business, was at the risk of having borrowed money from several persons and being detained due to the failure to repay it. If you are detained, G development projects cannot continue. If the Defendant delivers a letter of intent to repay the obligation to creditors related to H projects on behalf of the creditors, the Defendant drafted the letter of intent to repay the obligation to the Plaintiff until May 2014.

However, E did not repay its obligation until May 2014, and the Defendant demanded D to transfer 51% of the company shares to D around October 2016, and D did not perform its obligation despite the Defendant’s intent to attract investment of KRW 5 billion after capital was increased by 500 million. Thus, E’s agreement is reversed by asserting that it was null and void, and it is between the Defendant, D and E.

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