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(영문) 수원지방법원 2016.12.06 2015가단24986
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. Facts of recognition;

A. [The Promissory Notes issued by E on October 28, 1996 to F on November 5, 1996] 1, E issued to F on November 5, 1996, 38,50,000 won at par value, 38,50,000 won at issue value, 5,000 on November 5, 1996, 196, 4,3,000 on March 4, 1997, Seoul Special Metropolitan City, the place of payment, the place of payment, and 1 Promissory Notes at issue, the place of payment, 3,000 won at face value, and 2, E issued to F on October 28, 1996, and the due date on March 18, 1997, each of the Seoul Special Metropolitan City, the place of payment, the place of payment, and each of the above Promissory Notes was refused to pay to the Plaintiff, 3,000 each of the above Defendants respectively.

The plaintiff filed a lawsuit against E,F, and G on December 9, 1997 by filing a promissory note case with Dong Branch of the Seoul District Court 97da32100, and the above court rendered the lawsuit against E, F, and G, and on December 9, 1997, "E, F, and G jointly with the plaintiff for KRW 67,00,500 and for KRW 38,500,000 among them, from March 5, 1997; for KRW 28,50,000, from March 1997; for KRW 28,50,000, from August 18, 1997; for E, and F, from August 18, 199; for each year from the next day to the day of full payment; and the above judgment became final and conclusive on October 14, 1998."

B. [Agreement between the Plaintiff, Defendant B and H on April 9, 1998] On April 9, 1998, the Plaintiff agreed with Defendant B and H as follows (hereinafter “Agreement on April 9, 1998”).

The plaintiff (hereinafter referred to as "A"), the defendant B (hereinafter referred to as "B"), and H (hereinafter referred to as "C") agree to perform the following matters in good faith:

1. Eul shall grant to Eul's real property (Seoul Songpa-gu Seoul Special Metropolitan City I's owned shares) superficies on collateral security and I's total shares in gold friness to the plaintiff.

2. B separate from the matters of paragraph 1, B refers to the obligations of B by bill issuers.

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