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(영문) 창원지방법원마산지원 2019.08.28 2018가합101475
보증채무금
Text

1. The Defendant’s KRW 230,000,000 as well as 15% per annum from December 4, 2018 to May 31, 2019 to the Plaintiff.

Reasons

Basic Facts

On September 15, 2009, Nonparty C and 5, who promoted an industrial complex development project, entered into a partnership agreement with the joint promotion of land purchase services (hereinafter “instant project”) among E development projects promoted in the Republic of Korea, Haan-gun, Haan-gun (hereinafter “instant land”). The shares of C and F among partners are 20%, respectively.

On May 4, 2010, C entered into a contract with the effect that it takes over 20% of the shares of the business partner F in the instant case, and entered into a contract with the Plaintiff that transfers 10% of the shares acquired from F to the Plaintiff (hereinafter “instant transfer contract”).

The Plaintiff’s investment in the instant business concluded the instant transfer contract on May 4, 2010 to make an investment in the instant business, and received a payment note from C as follows.

(1) Investment principal: 230,000,000 won (2) Dividends: The amount paid above shall be 150,000,000 won to the Plaintiff by the transferor.

Provided, however, it is confirmed that the ground for payment is the amount of the Plaintiff’s equity investment agreed in the instant transfer contract.

On May 4, 2010, the Defendant prepared and sent to the Plaintiff a letter of guarantee of payment (hereinafter “instant letter of guarantee of payment”) with the following content:

Amount: 230,000,000 above amounts are the principal invested by the Plaintiff, and if the transferor is unable to repay the land of this case, C will confirm that the transferor is the principal invested by the Plaintiff, and will make a signature and seal on it.

Although the cancellation of industrial complex E development project was planned to be a project period from 2009 to 2012, the project period was determined on July 9, 2015 due to changes in the development period several times.

E Development projects are projects within the project period on April 13, 2017 (from December 31, 2009 to December 31, 2015).

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