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(영문) 서울남부지방법원 2014.12.26 2014가합108639
대여금
Text

1. The defendant shall pay to the plaintiff KRW 300,000,000 and KRW 60,000 among them, from April 12, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 6, 2013, Defendant and C drafted a monetary tea certificate to the Plaintiff. The main content is as follows.

The above shall be paid by March 30, 2014 by the debtor C and B, and shall transfer all the rights of the claim of the Won Won Won Won, if it is necessary to secure the unpaid bond at the time of payment. (The certificate of loan of the Won Won and the attached documents of the seal impression) The amount paid shall be KRW 2 million,000,000,000,000,000,000 won per month, and the dividend shall be paid KRW 40,000,000,000

B. On March 22, 2013, the Defendant and C drafted a certificate of borrowing money to the Plaintiff (hereinafter “instant second loan certificate”), and the main contents are as follows.

The debtor C and B shall borrow as the down payment of the F apartment removal right of the F apartment removal right by the debtor C and B. In addition, the D president and E executive director's joint and several guarantee shall be made.

b) confirm that the removed Corporation will pay the principal and the investment proceeds (intel purchase support) (200 million) at the beginning of July 2013 to August 2013, and append a loan certificate and a certificate of seal impression.

The Defendant paid interest to the Plaintiff up to November 5, 2013 according to the loan certificate of this case No. 1.

[Reasons for Recognition] Facts without dispute, the fact that the plaintiff is the applicant, the entry of Gap evidence 1 (including the provisional number; hereinafter the same shall apply), Eul's testimony, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the defendant is obligated to pay to the plaintiff the amount of KRW 200,000,000 of the borrowed principal, the dividend of KRW 40,000,000 based on the loan certificate No. 1 of this case, and the amount of KRW 100,000,000 based on the loan certificate No. 2 of this case, and the amount of KRW 340,000,000,000, which the plaintiff sought pursuant to the loan certificate of this case, barring any special circumstances.

3. Judgment on the defendant's defense

A. The judgment of the Defendant on the defense of the assumption of obligation with immunity is to exempt the Defendant from all of the obligations that C owes to the Plaintiff according to each of the instant borrowing instruments.

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