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(영문) 수원지방법원안산지원 2015.01.08 2014가합20926
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 126,00,000 and KRW 10,000 among them, from November 7, 2012 to 36.

Reasons

1. Basic facts

A. On December 201, the Plaintiff agreed to use the position of the president of the Defendant Company at the request of Defendant D, who is an executive of Defendant B Co., Ltd. (hereinafter “Defendant Company”), to provide management advice and contact with financial institutions, etc.

B. On May 15, 2012, Defendant Company concluded a construction contract (hereinafter “instant construction contract”) with E Co., Ltd. (hereinafter “E”) with the following content.

C. Foods

1. Title of the construction: Ethical construction in F (hereinafter referred to as “instant construction”);

3. Construction period: Commencement - completion on May 16, 2012 - Contract amount on June 15, 2012: 1,184,969,500 won (value of supply, 1,077, 245,000 won, value-added tax: 107,724,500 won);

7. Contract bond: one hundred million won; and

C. Meanwhile, on May 15, 2012, May 15, 2012, the date when the instant construction contract was concluded, G (Representative Director H) Co., Ltd. and E and real estate investment advisory companies drafted “an understanding note for the internal construction works of E in Yeongdeungpo-gu F.”

C. Foods

1. The name of the construction work: The interior interior interior interior decoration work;

3. Construction amount: 1,077,250,000 won on a provisional basis, but after the detailed design and specifications have been determined later, it shall be determined through consultation between E and the defendant company.

6. Performance guarantee: The defendant company shall pay 100 million won in cash as performance guarantee money to E within one week from the date of conclusion of this letter of understanding in order to promote mutual trust.

1) If the Defendant Company fails to pay the deposit within one week, this MOU shall be null and void. D. The Defendant Company is deemed to be a performance bond under the instant construction contract and the foregoing MOU (hereinafter “instant performance bond”).

B. Around June 12, 2012, the Plaintiff transferred KRW 80 million to E’s Vice-Chairperson I on June 12, 2012, and I immediately remitted the amount of KRW 80 million to E’s corporate account.

E. The Defendant Company is the following content with the Plaintiff on June 12, 2012, which affixed the same seal.

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