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(영문) 서울중앙지방법원 2020.08.19 2019가합566524
대여금 등
Text

1. Defendant E and F jointly and severally with the Plaintiff Co., Ltd. for KRW 273,00,000 and KRW 200,000,000 among them.

Reasons

1. Basic facts

A. The first lending creditor of Plaintiff A: The debtor jointly and severally liable for the payment of C representative director G: the debtor of Plaintiff D president E: the debtor of KRW 200,000,000,000, after acquiring H, agreed to distribute 100,000 shares of H to the creditor.

If a creditor deems that there is a problem of H’s shares, he/she may waive all the acceptance of shares.

In such cases, until July 31, 2013, the debtor promises to pay 260,000,000 won to the creditor, which is an amount of 130% of the principal and interest for two months, including principal and interest. If the payment period exceeds the due date, the debtor shall continue to pay the interest of 15% per month.

(1) On May 31, 2013, Defendant E and F prepared and sent to Plaintiff A a letter of undertaking (hereinafter “the first letter of undertaking”). The debtor column for the first letter of undertaking contained the phrase “C representative director G of the corporation” in the same word, and Defendant E attached the Plaintiff’s certificate of personal seal impression and employee seal impression attached to the above representative director’s name.

In addition, in the column for joint and several liability for the first undertaking, the phrase “A” was written in the same word, and Defendant E affixed the official seal of the representative director of Defendant D to his name. (2) The Plaintiff paid KRW 200,000 to Defendant E according to the first undertaking around that time. (b) Plaintiff A’s second lending creditor: A debtor: A debtor: A debtor: A debtor of the Plaintiff: A debtor of the Plaintiff: A debtor of the Plaintiff: A debtor of the Plaintiff: the debtor of the Plaintiff: the debtor of KRW 73,000,000, paid KRW 73,000 shares of H to the creditor after acquiring H. The debtor of KRW 73,000,000, the other terms and conditions apply in accordance with the letter of commitment written on May 31, 2013. (1) Defendant E and F shall be deemed to apply to the Plaintiff’s promise as follows:

shall be drawn up;

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