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(영문) 서울중앙지방법원 2020.07.23 2017가합521497
예치금등반환 청구
Text

The Plaintiff

A. Defendant D, E, and F jointly set forth KRW 300,000,000 and the Defendant from September 24, 2009.

Reasons

. F. Each of L is written as “F” and “joint guarantor,” and each of them is signed and sealed.

The loan - Investment Understanding was concluded on November 11, 2009 between the following Parties in the letter of understanding.

1. S which is a N's own wholesale company (hereinafter referred to as "Party A") and a borrower;

2. Article 2-Investment/Loan Party B of the Plaintiff’s representative director M or his designated person: (a) the Party A of the Investment/Loan Party A shall grant a loan of 15 billion won (KRW$ 15,000,000,000 (hereinafter referred to as “T”) in total to the Party B of the Republic of Korea within 30 days from the date of receipt by the Party A’s designated person (KRW 200 million,000,000.00, 1.3% of T as provided under the following periods and conditions. Article 3-Procedure 1) the contract deposit of 200 million won in Korea (KRW 2000,000) by the Party B within November 1, 209 by the Party B.

2) The Parties B will open their accounts to the Enterprise Bank (IBK) Busan Viewing Branch in order to receive Korean money of KRW 15 billion.** The Bank issuing the Bank to bring cash into the Party B’s business: the number of the O Guarantee Agreement: U.S. Account Number: USD 200 million (Korean money of approximately KRW 200,000,000,000) Party A shall allow the Party B to use the Korean money of KRW 15 billion for its business and shall guarantee the Party A’s property after purchasing the property.

On November 11, 2009, when the Plaintiff paid KRW 200 million to the said company, the Plaintiff entered into a loan-investment understanding statement (No. 9-1, hereinafter “instant understanding statement”) with the content that the said company loans KRW 15 billion to the Plaintiff, and Defendant F signed with the Plaintiff as the witness and the attorney-at-law.

The main contents of the MOU of this case are as follows.

On November 11, 2009, the Plaintiff paid a cashier's check of KRW 200 million to R or Defendant F, and issued a receipt of investment agreement amount No. 9-3.

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