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(영문) 부산지방법원 2015.12.16 2015가합2945
약정금등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 600,000,000 and the interest rate thereon from December 1, 2014 to the date of full payment.

Reasons

1. Basic facts

A. In around 2010, the Plaintiff loaned KRW 350 million to the above Defendant under the name of the business fund for the development project of the F Industrial Complex “F Industrial Complex” (hereinafter “instant industrial complex”), which was in progress by Defendant B, and agreed to purchase the said forest land from the Plaintiff within one year after the said Defendant transferred KRW 500,000 to the Plaintiff.

B. On October 28, 201, the Plaintiff and Defendant B agreed to pay the principal amount of KRW 350 million up to November 30, 201, and to additionally pay KRW 400 million up to February 28, 2012 upon the completion of the application for permission of the instant industrial complex, including land compensation (re-purchase amount). Defendant C Co., Ltd (hereinafter “Defendant C”) guaranteed the said obligation of Defendant B.

C. However, Defendant B failed to perform the obligation under the above agreement, and the Plaintiff urged the performance of the above obligation, and the Defendants, around October 6, 2014, made the debtor the Defendant B, the joint guarantor, as Defendant C and the Defendant D Co., Ltd. (hereinafter “Defendant D”), and issued to the Plaintiff an agreement with the following contents (hereinafter “instant agreement”).

D. The plaintiff debtor B, defendant B, joint and several sureties

1. Defendant C

2. With respect to the above credit content of Defendant D D’s claim amounting to KRW 600 million (ar agreement), the creditors, debtors, and joint and several sureties agree on the repayment of the above credit content as follows, as agreed upon between them:

1. The debtors and guarantors shall jointly and severally pay the amount of KRW 600 million to the creditor in cash by November 30, 2014.

2. If, until November 30, 2014, the debtor and the surety are unable to effect performance to the obligee by the method prescribed in paragraph 1(1) above;

A. The debtors and guarantors are jointly and severally within the instant industrial complex until November 30, 2014.

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