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Reasons
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(영문) 수원지방법원여주지원 2016.12.14 2015가합1184
대여금
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1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B’s KRW 126,000,000 among the Plaintiff and KRW 100,000.

Reasons

1. Basic facts

A. The F Co., Ltd. (hereinafter referred to as the “F,” and all the company indications in the future are omitted) started a new construction project of H apartment with the size of two units from G and one parcel (hereinafter referred to as the “instant apartment”). On December 13, 2007, the registration of ownership preservation was completed in the name of F on the instant apartment.

B. Defendant B, who was in charge of the sales agency business of the instant apartment (which seems to have performed the sales agency business as a director of I), requested the F to procure the construction cost of the instant apartment, and borrowed KRW 100 million from the Plaintiff on June 1, 2008, and prepared a money borrowed contract with the Plaintiff on the following contents (hereinafter “the first proof”).

The creditor (hereinafter referred to as "A") and the debtor (Defendant B; hereinafter referred to as "Defendant B") shall enter into a monetary borrowing contract as follows:

Article 1 [Lease Amount] “B” shall provide two copies of the sales contract No. 102, 506, 102, 806, 102, 102, 102, as security, of the following amounts:

(1) Borrowing amount: 10 million won (2) The date of borrowing: June 1, 2008 (the date of repayment and interest) Article 2 (1) (the date of repayment and interest): Interest on November 302, 2008):

(a) 40 million won when repayment is made within four months;

(b) Attachment of KRW 50 million at the time of repayment between four months and six months: One copy of a certificate of seal impression issued by the debtor B (Defendant B);

C. On July 15, 2008, F drafted a letter of commitment to the effect that “F shall pay to I KRW 700,000,000,000 for the sales agency cost of the instant apartment complex (hereinafter “instant letter of commitment”).” D.

Defendant B failed to pay the Plaintiff the principal and interest of the loan stipulated in the first certificate of this case by November 30, 2008, the repayment date. On December 1, 2008, the following day, the Plaintiff drafted a contract with the following contents (hereinafter “the second certificate of this case”).

A, the plaintiff A, and the plaintiff.

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