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(영문) 서울중앙지방법원 2016.02.05 2015가합524614
대여금
Text

1. As to KRW 5,926,556,184 and KRW 5,767,471,07 among the Plaintiff, the Defendant shall start from February 15, 2014 to February 5, 2016.

Reasons

1. Basic facts

A. The defendant and C’s relationship and business operation 1) The defendant omit all the name of the non-party D Co., Ltd. (hereinafter “Co.”).

As the representative director of the company, the Defendant became aware of C promoting H business in the course of operating E, F, and G. (2) From August 20, 207 to May 2009, the Defendant concluded a guarantee agreement with the Defendant or D Company to set up a collateral security interest on the loans borrowed from E, F, and G in relation to H business (the parent company of K Company deemed to be the company located behind Singapore), Hyundai S-2 Savings Bank, etc., with respect to the liabilities of loans borrowed from E, F, and H business.

3) On September 2009, the Defendant and C established a security trust contract for Lbuilding with a loan of KRW 113 billion from savings banks, such as M companies, D companies, and new mutual savings banks, in the name of G, for the purpose of arranging loans under the above paragraph (2).

B. On the other hand, as of July 29, 2010 between C and N, K companies operated by Nonparty O (the first trade name was “P,” but the trade name was changed to “K” on October 23, 2009, and was changed to “P” on June 23, 2010, and changed to “P” on June 23, 2010;

hereinafter referred to as "K"

on May 13, 2010, R and S have been loaned KRW 5 billion from May 13, 201, and the same year.

6.1. Around the 3th day of the same month, the sum of KRW 1 billion was repaid.

Since June 8, 2010, K Company agreed to repay 4 billion won of loans remaining with R and S up to the 15th of the same month. At the time of the conclusion of the above agreement, E has jointly and severally guaranteed the obligation of K Company to R, etc., and J Company, the parent company of the K Company, provided E’s shares as security to R, etc.

2 On June 14, 2010, K Company has due 4 billion won for R, S and its loans.

7.To be extended to 14.14. It shall be extended to 14.1, F shall be added to joint and several sureties; R and E, joint and several sureties, shall be 10% of the Company's equity; and F shall be 56% of the Company's equity.

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