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(영문) 서울남부지방법원 2019.07.11 2018나70200
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant (appointed party) in excess of the following amount ordered to be paid.

Reasons

1. Basic facts

A. The Defendant (Appointed Party; hereinafter “Defendant”) is the head of the team of the D Co., Ltd. (hereinafter “D”) and the Selected Party C is the head of F Co., Ltd. (hereinafter “F”).

B. On February 29, 2016, the Plaintiff remitted KRW 100 million to D.

C. On February 29, 2016, Defendant B and Selection C drafted a loan certificate with the following content (hereinafter “the instant loan certificate”).

The loan certificate of KRW 100,000 (10,000) borrowed the amount from the creditor without putting the debtor on February 29, 2016.

Interest shall be repaid at the operating rate and shall be repaid each month, and the principal shall be repaid to the creditor by March 4, 2016.

Defendant B (B) Creditor C (B) of the debtor on February 29, 2016, Plaintiff Hah on the 29th 2016

D. On July 12, 2016, the Plaintiff, F, D, E (hereinafter “E”), and G drafted a performance note (hereinafter “instant performance note”) on July 12, 2016, and Defendant B and the Selection acting on behalf of each of the F.

The part related to the instant case in the instant written statement of execution is as follows.

Written of Performance

1. A commitment to meet as a plan to cover a total of four hundred million won of the debtor E’s creditors F and D’s original obligations.

2) 10 million won - The amount of KRW 100 million separately borrowed between the Plaintiff and the Plaintiff is to be assumed as a substitute for the corresponding debt and to be repaid directly to the Plaintiff. This is to be the repayment of KRW 100 million to the Plaintiff. This is to recognize each other by simultaneously affixing the seal on this confirmation that the debt KRW 100 million is ultimately succeeded to E from D. At the same time, the Plaintiff withdraws all the complaints against D and its joint guarantor C, and Defendant B. (e) On May 25, 2016. The Plaintiff was transferred KRW 3,00,000,000 in the name of H, who is the representative director of D, and KRW 1,50,000,00 in the name of D on June 2, 2016, respectively.

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