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(영문) 수원지방법원 2017.03.30 2015가단117611
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 125,113,90 and the interest rate thereon from June 9, 2015 to the date of full payment.

Reasons

Basic Facts

On June 2005, the Plaintiff entered into a joint project agreement with Defendant B and Gyeonggi-gu D to jointly promote the business of selling the forest land in the unit of electric power plant site or penta site.

Accordingly, Defendant B established the Defendant Company for the purpose of running the above business, and the Plaintiff lent KRW 50 million to the Defendant Company as business funds.

On June 20, 2005, the Plaintiff and Defendant B concluded a sales contract on two parcels, including E and E, for the said joint business, but the said sales contract was rescinded.

On May 18, 2009, the Plaintiff filed a loan claim lawsuit against the Defendants and G (U.S. District Court 2009Kahap11856) and filed a criminal complaint against them.

On June 20, 2009, in order to resolve disputes among them, the Plaintiff, the Defendants, and G drafted a written agreement with the following contents (hereinafter “instant agreement”), and the agreement under the said agreement (hereinafter “instant agreement”).

1. The plaintiff shall withdraw all the cases of filing a claim for loans with the Suwon District Court 2009Kahap11856 and the cases of filing a complaint with the District Public Prosecutor's Office of Government.

2. Determination of the total amount to be paid by the Defendants to the Plaintiff as KRW 250 million.

3. The Defendants and G shall, at the same time as the instant agreement, complete the establishment registration of a collateral security right with respect to H, I, J, K, K, L, and M in Gyeonggi-gu with a view to securing the Plaintiff’s obligations as set forth in paragraph (2) above.

5. The Plaintiff returned to the Defendants all the debt obligations issued and delivered by the Defendants to the Plaintiff (for example, documentary evidence, written confirmation of payment, written notes, and other), and waives all the remainder of the debt obligations in addition to the money as set forth in paragraph (2).

(E) On June 24, 2009, after the formation of the instant agreement, the Plaintiff voluntarily withdrawn all the civil and criminal complaints, and G voluntarily withdraws the Plaintiff pursuant to the instant agreement.

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