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(영문) 대구지방법원 2018.01.10 2017가단14502
약정금
Text

1. The Defendants each amounting to KRW 40,000,000 to the Plaintiff, as well as Defendant A from June 24, 2017, and Defendant B from June 23, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned KRW 300 million on April 10, 2012, KRW 200 million on May 23, 2012, and KRW 500 million on the partnership operation cost to Nonparty F Housing Rebuilding and Rearrangement Project Association (hereinafter “Nonindicted Cooperative”).

Defendant A is the president of the non-party partnership, and the remaining Defendants are the directors.

B. The Plaintiff filed a complaint with the person related to the partnership, and the Nonparty Union deposited KRW 200 million on March 28, 2014 in the criminal procedure.

In addition, on March 31, 2014, the Defendants agreed with the Plaintiff with the remaining principal and interest of loans at KRW 500 million, and prepared a written confirmation of debt repayment (hereinafter “written confirmation of debt performance of this case”) with respect to the repayment of the said debt, and signed and sealed each person’s personal seal (the Defendant’s name and seal affixed to the association president) and delivered it to the Plaintiff.

Accordingly, the plaintiff will pay the above criminal complaint - debt amount and interest amount: 500 million won (the remaining amount of KRW 300 million/ interest rate on the loan custody interest rate prepared on May 23, 2012) - The date of debt repayment: The FHousing Reconstruction Project Association borrowed on August 30, 2014 and used the above debt as the partnership project cost.

A. The name of debt reimbursement verification entity: the position and name of the FHousing Reconstruction Project Association: Defendant A director, C, D, and E of the partnership president.

C. After that, on January 22, 2015, the non-party union repaid KRW 300 million out of KRW 500 million of the instant repayment certificate to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserts that the Defendants shall jointly and severally pay the remaining debt amount of KRW 200 million according to the instant repayment confirmation.

As to this, the Defendants’ debt repayment confirmation is prepared on behalf of the non-party partnership in the name of the president and the director of the non-party partnership.

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