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(영문) 수원지방법원 2015.06.25 2014가합61879
대여금
Text

1. Defendant C, Defendant D, and Defendant E jointly share to the Plaintiff KRW 200,000,000, and those related thereto.

Reasons

1. Basic facts

A. On November 4, 2011, Defendant E assumed office as the representative director of Defendant C Co., Ltd. (hereinafter “C”) on or around November 15, 201, as the representative director of Defendant B Co., Ltd. (hereinafter “B”) on or around November 15, 201, as the representative director of Defendant B Co., Ltd. (hereinafter “F Co., Ltd.”) on or around March 30, 201, and as the representative director of Defendant D Co., Ltd (hereinafter “D”) on or around March 30, 201, and completed the registration of appointment immediately after the said appointment.

B. The Plaintiff loaned the said money to Defendant E in the manner of depositing the total amount of KRW 200 million from April 6, 2012 to the 20th of the same month.

C. Defendant E and Defendant C, with the issuer as the Defendants, drafted a promissory note No. 331 on April 10, 2012, with the date of issuance as of April 10, 2012, par value KRW 400 million, and the due date as of July 10, 2012, by a notary public as of July 10, 2012.

Defendant E, around June 14, 2012, borrowed the above money from the Plaintiff during the period from April 10, 2012 to July 2012, as the principal amount of KRW 200 million, interest KRW 200 million, and due date of maturity of the new construction project, the debtor borrowed the above money from the Plaintiff during the period from April 10, 2012 to July 10, 2012, and the above borrowed amount agreed to pay KRW 400,000,000 as well as interest until July 10, 2012. The borrower jointly and severally and severally guaranteed three corporations. The borrower, Defendant E, Defendant B, and Defendant D, the debtor, around the 15th of the same month, prepared and delivered the loan certificate (Evidence 3-1, 2000,000) stating that he/she will pay the above amount of KRW 400,000 by July 10, 2012, respectively.

E. Defendant E, as the representative director of Defendant B, stated as follows: “The principal amount of KRW 200 million, interest KRW 200 million, trade name: H, representative director: H, and the above principal shall repay the principal and interest invested to the Plaintiff by July 31, 2012 (Article 330 square meters)” around July 13, 2012.

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