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(영문) 수원지방법원성남지원 2017.09.13 2015가단22303
차용금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 116,440,00 and 25% per annum from November 22, 2014 to the full payment date.

Reasons

1. Facts of recognition;

A. On September 1, 2014, the Plaintiff entered into a share sales contract with Defendant B with the content of selling KRW 2,400 per share of KRW 73,00 (hereinafter “instant shares”) and KRW 175,200 per share of KRW 175,200 per share (hereinafter “instant contract”).

B. The Plaintiff received KRW 8,760,000 as the down payment under the instant contract, and the remainder was paid on October 31, 2014. The instant shares were transferred to F designated by Defendant B prior to the remainder payment date.

C. On September 1, 2014, Defendant C Co., Ltd. (hereinafter “Defendant Company”), Nonparty G Co., Ltd., and Defendant D were jointly and severally liable with Defendant B regarding the instant contract.

(hereinafter “Agreement on Joint and Several sureties”) d.

In order to pay the balance of the instant contract, the aforementioned joint and several sureties, including Defendant B and Defendant Company, prepared a loan certificate, and according to the loan certificate, interest shall be paid from November 2014, and interest shall be 1.5% per month, but interest shall be 1.5% per month, and if interest is not paid every month, the interest shall be lost within the time limit, and the damage shall be paid at 2.5% after the lapse of 3 days from the following day.

E. The Defendants failed to pay interest on the payment date of the above interest and thereby lost the benefit of time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5-1, 2, and 7, the purport of the whole pleadings

2. According to the above facts of recognition, Defendant B is the principal debtor, and Defendant B and Defendant D are jointly and severally and severally liable to pay the balance of the instant contract.

Therefore, barring any special circumstance, the Defendants jointly and severally deducted the remainder of KRW 166,440,00 (i.e., KRW 175,200,00 - KRW 8,760,000) of the contract of this case from KRW 50,000, which was paid to the Plaintiff, and the remainder of KRW 116,440,000 (i.e., KRW 166,440,000 - KRW 50,000) and the benefit therefrom.

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