beta
Text
1. Revocation of a judgment of the first instance;
2. Defendant’s Plaintiff, notary public’s law firm C, June 13, 2017, drafted on June 13, 2017.
Reasons
1. Facts of recognition;
A. On November 24, 2016, E Co., Ltd. (hereinafter referred to as “E”), D, and the Defendant, whose representative director is the Plaintiff, drafted a letter of agreement performance and a letter of agreement performance (additional) (hereinafter referred to as “instant performance letter”), and the main contents are as follows.
A: E (Representative Director) Byung: Defendant
A. A’s performance obligation
1. A shall take office as the representative director of the FF, and receive security for 16 households out of G lending and pay 900 million won to a person who provides security for the first loan;
2. After the payment of the above loans amounting to KRW 900,000,000, Party A shall provide I Bank with a security for the 32 households of GIST and a promissory note issued by others, and at the same time with a loan of KRW 3.8 billion to Byung in the name of two-lane Co., Ltd., a loan of KRW 962,80,000,000,000,000,000,000,000,000 is paid to Byung to the designated person, and the balance of the loan shall be paid to Party B for the purpose of deposit for B/G attraction in the name of the corporate entity.
(b) Obligation to:
3. A shall receive KRW 1.3 billion out of the loans from A pursuant to the above paragraph (2) and, at the same time, deposit US dollars 1.05 million in H Bank in order to attract foreign bank B/G in the name of a juristic person of which Eul is its representative director, and deliver (verification) certificates of deposit in the foreign currency account after foreign currency deposit to Byung, and take measures to prevent any defect in receiving Korean currency loans as security, and the balance remaining after the foreign currency deposit shall be used as Eul's business promotion expenses (Consent).
5. In addition, Eul has established Byung Co., Ltd. and has been making up for the amount of money invested (including the amount of sale loss) up to now, Gap, Eul, and Eul.