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(영문) 창원지방법원 2014.04.09 2012가합440 (1)
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Defendant B, including the loan of KRW 300 million from the Plaintiff via D around May 16, 2008, around May 16, 2008, to March 2009, the Plaintiff, E, F, G, etc. (hereinafter “creditors”).

(2) At the time of the above loan agreement, Defendant C jointly and severally guaranteed Defendant B’s debt of KRW 1160,000,000 to the obligees at the time of the above loan agreement, and in order to secure this, Defendant C completed the registration of establishment of a neighboring building as to part of the Hosi-si H building (hereinafter “H building”) in Changwon-si H building to the obligees.

3) On December 8, 2009, the Defendants prepared a letter of payment to D, the representative of the creditors, stating that “The principal amounting to KRW 1.16 million, interest rate of KRW 30 million per annum on December 30, 2010, Defendant B, and Defendant C, a joint and several surety,” and on February 27, 2010, the Defendants issued to D, the creditor representative D a letter of payment stating that “The amount of KRW 1.16 million and interest per annum on the amount of KRW 30 million shall be paid by February 27, 2011.”

each entry, witness I's testimony, witness D's partial testimony, and the purport of the whole pleadings.

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the borrowed amount of KRW 300 million (hereinafter “the borrowed amount”) and interest and delay damages therefrom, barring any special circumstance.

2. Determination as to the defendants' defense

A. On July 20, 201, Defendant C entered into an accord and satisfaction agreement between the Plaintiff and the Plaintiff to sell H building 301 and 302 to the Plaintiff. As such, the instant loan obligations were entirely extinguished by accord and satisfaction.

B. Defendant C, around July 20, 201, shall replace the repayment of the borrowed amount of KRW 1160 million to the obligees’ representative D and the above KRW 110 million.

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