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(영문) 서울중앙지방법원 2018.05.30 2017가합547734
약정금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) C Co., Ltd. (hereinafter “D”) conducting art sale and brokerage business in the United States of America

(E) The Defendant is the representative director of the E Co., Ltd. (hereinafter “E”).

(2) C and D requested the Defendant to lend the name of the lending obligor to the Plaintiff as the Defendant’s intermediary for the purchase of F’s work, and the Plaintiff consented to the lending of the lending obligor because the lending was not possible under the internal regulations of E because it was not a domestic resident.

3) On January 16, 2008, C borrowed KRW 11,300,000,000 from E with the Plaintiff’s name as of January 16, 2008, as of July 16, 2008 and 11% per annum (hereinafter “instant loan”).

(4) Since the maturity of the instant loan was changed on July 16, 2010, C and D jointly and severally guaranteed the Plaintiff’s debt of the instant loan to E, and C entered into a transfer agreement with respect to the E and F’s three points of work to secure the instant loan obligation (hereinafter “instant secured work”).

B. The Plaintiff paid 22,60,000 won interest on the instant loan on July 15, 2008 to E, and 400,000,000 won interest on the instant loan on August 1, 2008, respectively. 2) C agreed on October 11, 2009 to the Plaintiff on October 30, 209 that “C, who is the actual debtor, shall submit documents on the assumption of the obligation that the actual debtor shall replace the Plaintiff to E, and “C shall pay 422,50,000,00 won that the actual debtor shall be repaid to the Plaintiff by December 30, 2009,” and that “C shall pay 422,50,000 won that the actual debtor shall be repaid to the Plaintiff by December 30, 2009.”

(hereinafter referred to as “instant undertaking”). C.

The progress of the relevant civil procedure E is that the Korea Deposit Insurance Corporation, who is a trustee in bankruptcy, filed a lawsuit against the plaintiff, C, and D seeking the payment of the principal and interest of the instant case and was declared bankrupt during the lawsuit.

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