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(영문) 대구지방법원 2014.10.30 2013가단41834
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 100 million and 6% per annum from May 31, 2013 to July 26, 2013.

Reasons

1. Judgment on the plaintiff's claim

A. Facts of recognition 1) The Plaintiff and the Defendants are only the U.S. Agricultural Cooperative around September 2012 (hereinafter “ U.S. Agricultural Cooperative”) and the Defendants.

(2) On May 6, 2013, the Plaintiff and the Defendants jointly purchased 3 warehouses, sold them to others, and divide profits therefrom. Accordingly, on September 20, 2012, the Plaintiff transferred gold KRW 90 million to the Mapo National Agricultural Cooperative account, and on September 25, 2012, remitted gold KRW 40 million to the Defendant C’s Gu account. After which, on September 25, 2012, Defendant C sold the said Mapoyy and paid KRW 40 million to the Plaintiff on April 8, 2012. (2) On May 6, 2013, 2013, the Plaintiff and the Defendants agreed to pay KRW 90 million in total and interest interest thereon to the Plaintiff, until May 30, 2013, the Plaintiff paid KRW 10 million to Defendant C and the Plaintiff agreed to lend its joint and several sureties’s signature and seal to the Defendant C’s account, and the Plaintiff made up the above certificate of debt loan No. 1 (hereinafter referred to the Defendant C’s signature”).

[Ground of recognition] The entry of Gap evidence Nos. 1 and 3, the result of the personal examination of the plaintiff, the purport of the whole pleadings

B. According to the above facts, according to the agreement on the loan certificate of this case, the defendants are jointly and severally liable to pay 100 million won and the damages for delay to the plaintiff.

2. Judgment on the defendants' assertion

A. The Defendants asserted as to the assertion that the agreement is null and void as a false declaration of conspiracy, and the Plaintiff actually paid KRW 100 million as the actual purchaser of the instant sales contract, and Defendant B only lent the buyer’s name for the Plaintiff who had no business registration. Although around April 2013, the Plaintiff renounced the down payment of KRW 100 million, and rescinded the instant sales contract, on May 6, 2013, the price of the instant Myman’s price to Defendant B was harshly increased.

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