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(영문) 의정부지방법원 2016.05.13 2015가합1441
대여금
Text

1. The Plaintiff:

A. The Defendant (Appointed) jointly and severally with C, KRW 200,730,235 and KRW 146,445,205 among them.

Reasons

1. Facts of recognition;

A. The Defendant, who is the operator of the non-party company, obtained permission to engage in development activities in order to construct a pent in both the F-si and three parcels, both the non-party company owned.

B. The non-party company paid approximately KRW 115 million to the non-party company, which was imposed at the two weeks of the share of farmland diversion, in order to implement the construction of the above gate. Since the funds were insufficient for the non-party company, the Defendant requested that the company lend money to the Plaintiff through G, which is the plaintiff's fraudulent act around February 2012.

C. On March 27, 2012, the Plaintiff leased KRW 150 million to the Defendant on June 27, 2012 at the maturity of payment, and at the rate of KRW 7.5 million per month (5% per month). As security, the Plaintiff entered into a written partial payment contract for the second floor of 201 ( KRW 192 million per month) among the pents newly constructed by the Defendant.

After that, the situation of the funds of the non-party company became difficult because the non-party company did not sell properly the fences newly built, and the Corporation was suspended around November 2012.

E. On June 5, 2013, G, while demanding the repayment of a loan on behalf of the Plaintiff, to the non-party company and the Defendant on behalf of the Plaintiff, to borrow the debtor as the non-party company, the joint guarantor as the defendant, and the creditor as G, and to repay the loan by adding the interest of 2.5% per month until July 19, 2013 to the interest of 2.5% per month.

“A certificate of loan was drawn up. (f) The non-party company and the defendant did not repay the loan by July 19, 2013, and G demanded the defendant to add a joint and several surety. On July 23, 2013, the defendant made the debtor, the joint and several surety D and E to pay the debtor up to October 31, 2013, and “270 million won shall be paid up until October 31, 2013: Provided, That a certificate of loan was drawn up and issued to G that “the interest of 2.8% per month from July 23, 2013 shall be paid.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, and 8, witness G testimony, and the purport of the whole pleadings.

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