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(영문) 수원지방법원안산지원 2015.10.21 2014가단30490
각서금
Text

1. The Defendants jointly and severally with D to the Plaintiff KRW 23,687,397, and Defendant B with respect thereto, from November 1, 2014, and Defendant B.

Reasons

1. Basic facts

A. If the Plaintiff, the Defendants, and D obtained an automobile installment loan in the Plaintiff’s name, and purchased the E cattle niver cherb freezing tower (hereinafter “instant cargo vehicle”), and join the company into the company, Defendant C decided to operate the instant cargo vehicle.

On December 11, 2013, the Defendants and D promised to the Plaintiff that the Plaintiff shall be liable for all matters arising in relation to the consignment relationship of the instant cargo vehicle and the instant cargo vehicle, and thereafter, shall be liable for the instant cargo vehicle delivery issues.

B. On December 12, 2013, Defendant C promised to pay to the Plaintiff all responsibilities and installment loans, taxes, and royalties of KRW 1,00,000 per month incurred while operating the instant cargo vehicle.

C. On December 17, 2013, the Plaintiff offered the instant cargo vehicle to Hyundai Social Co., Ltd. as collateral, and received interest of KRW 80,000,000 at interest rate of KRW 15.5% per annum and KRW 36 months during the lending period.

(hereinafter “instant loan”). On December 23, 2013, D promised that “80,000,000 won will be lent to the Plaintiff on December 17, 2013, and KRW 2,870,000, including monthly interest (15.5% per annum), will be repaid in installments for 36 months, and Defendant B provided joint and several sureties.

However, on January 20, 2014, the cargo of this case is late due to the issue of the entry of the freight of this case, the issue of the manufacturing of freezing tower, and the installation of freezing machine, and the defendant Eul promised to transfer the freight of this case to the plaintiff on January 20, 2014 because the freight of this case was sold to the plaintiff but did not release the freight of this case on the date promised to do so, and the plaintiff also paid all the amount of the loan of this case to the plaintiff at the same time as the transfer of the vehicle of this case (transfer cost, the transportation place entry fee, insurance premium,

'Written commitment' was made.

E. However, the Defendants did not fully repay the instant loan, and Hyundai Social Co., Ltd. sold the instant cargo vehicle and sold it.

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