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(영문) 광주지방법원 2014.11.20 2013가합52501
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant D, upon the introduction of Defendant E, lent KRW 1 billion to H (hereinafter “H”) which had been implementing G apartment construction business in the Jeonnam-gun, Namnam-gun on March 8, 2004. Defendant D, as security, was drafted a promissory deed with a face value of KRW 1.25 billion per day from the Plaintiff, the representative director, as security.

On March 8, 2006, H failed to return the above loans due to the default of payment on payment, and the J (Representative E; hereinafter the “J”) signed on October 24, 2006 a promissory note No. 1.5 billion won at par when it agreed to repay the above loans to Defendant D.

B. Meanwhile, on December 5, 2005, Defendant D lent KRW 287 million to J on condition that Defendant D would have been repaid one month after the end of the month. The J failed to repay by the above date, and on October 24, 2006, Defendant D drafted a promissory note of KRW 400 million at face value to Defendant D.

C. The J performed a new construction project for the instant apartment 130 households on the ground (hereinafter “instant apartment”), both K and 2 lots of land (hereinafter “instant construction project”), and suspended construction due to business difficulties, and around July 2006, transferred the instant apartment project right to KRW 8.3 billion (the terms and conditions of the J’s loan obligation 4.5 billion to Samwon Savings Bank) (hereinafter “Sichan Savings Bank”).

On September 22, 2006, the J did not pay 1.9 billion won (i.e., the KRW 1.5 billion (i.e., the KRW 1.., the obligation on the said promissory note) to Defendant D, which was due to the settlement of bankruptcy on September 22, 2006, and thus, Cathof’s failure to perform the instant construction, guaranteed the obligation of KRW 1.9 billion to J’s Defendant D on May 10, 2007, and written a promissory note of KRW 1.9 billion at face value to Defendant D.

E. Afterward Caturt also failed to perform the above 1.9 billion won guaranteed obligation, and Caturt on June 7, 2007, Eaturt has the right to operate the apartment of this case against Defendant D.

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