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(영문) 서울동부지방법원 2016.09.23 2016가합102205
약정금
Text

1.(a)

Defendant C, 124,99,99, and 81,937,798 won to Plaintiff B, and each of them on November 7, 2015.

Reasons

Basic Facts

On November 1, 2007, the Defendant, who is the deceased E (hereinafter referred to as the “the deceased”) and his children, took out a loan of a total of KRW 1.35 billion (hereinafter referred to as the “instant co-loan”) in the name of the Defendants as security from the Korea Standards Bank (hereinafter referred to as the “SC Bank”) and the Seoul Gwangjin-gu F Ground Building (hereinafter referred to as the “instant building”) owned by the deceased and the original Defendant, and distributed the Plaintiff B and the Defendants each KRW 400 million to the Plaintiff, KRW 150 million, and KRW 150 million to the Plaintiff. At the time, the Defendant agreed that the principal and interest on the instant co-loan should be repaid in proportion to the amount allocated to the Plaintiff and the Defendant.

On November 2, 2009, the Defendants acquired each of Defendant C’s and 50 million won, among the KRW 150 million of the Plaintiff’s repayment liability amount of KRW 150 million according to the above agreement.

Plaintiff

B repaid 300 million won out of the common loans of this case to the SC Bank on November 6, 2009.

On March 21, 2011, the Deceased and the Defendant invested in kind the instant building in kind (hereinafter “instant investment in kind”) to the Japanese Industrial Co., Ltd. (hereinafter “the Japanese Industrial”).

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 2, and the purport of the entire pleadings as to the claim for the agreed amount against the Defendants of the pertinent joint loan is not completed. As such, the Plaintiffs suffered damages equivalent to the amount equivalent to the share ratio of each party to the instant building among the joint loans of this case, while the Defendants agreed on April 10, 2013 to compensate the deceased and the plaintiffs for the above profits and losses.

Therefore, pursuant to the above agreement, Defendant C shall be 114,431,557 won to Plaintiff A, and Defendant D shall be 14,850,97 won to Plaintiff B, and Defendant D shall be 145.

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