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(영문) 대전지방법원천안지원 2019.11.22 2019가합102331
약정금
Text

1. The Defendant shall pay to the Plaintiffs each amount of KRW 500,000,000 and each of the said amounts from December 29, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiffs asserted that “the Defendant and D, without the intention to perform their obligations and ability to pay for the instant officetel sales business, by deceiving the Plaintiffs, and by borrowing KRW 500,000,000,000 from each of the Defendant and D, filed a criminal complaint in fraud.” 2) The Gwangju District Prosecutors’ Office on December 16, 2016, stated that “the Plaintiffs lent KRW 500,000 to D and received the delivery of D by leasing each of the KRW 500,000,000,000 to D,” and that “the Defendant was not subject to a non-prosecution disposition against the Defendant on the ground that it was “the Defendant did not make a business contract with the Plaintiffs, or

3) On July 15, 2016 and December 16, 2016, D was prosecuted by each of 500 million won from the Plaintiffs on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive after having been sentenced to a conviction (Seoul High Court Decision 2017No283, 2017No487 (Merger) decided December 21, 2017; Supreme Court Decision 2018Do746 Decided March 29, 2018).

B. Preparation of the loan agreement of this case

2. Upon request of the plaintiffs and the defendant, the defendant

A. On December 7, 2015, Plaintiff A borrowed KRW 200 million with E’s account under the name of E; KRW 200 million with E’s account on December 10, 2015; and KRW 100 million with the Defendant’s account on December 17, 2015;

B. We confirm that Plaintiff B borrowed each of the Defendant’s accounts KRW 100 million on January 8, 2016, KRW 50 million on November 11, 2016, KRW 120 million on December 12, 201 of the same month, KRW 140 million on the 15th day of the same month, KRW 140 million on the 15th day of the same month, and KRW 50 million on the same day.

3. The defendant confirms that the sum of KRW 1 billion in the sum set forth above 2 is leased to non-contractual D through the defendant, and the debtor and joint guarantor are the debtor and joint and several sureties, as follows:

The Defendant paid KRW 20 million to the Plaintiff and KRW 200 million to the Plaintiff by April 28, 2017, respectively, and paid KRW 150 million to the Plaintiff and KRW 150 million to the Plaintiff B by August 28, 2017, respectively, and paid KRW 150 million to the Plaintiff B by December 28, 2017.

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