(영문) 대구지방법원 2017.06.16 2016가합202514

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(영문) 대구지방법원 2017.06.16 2016가합202514

대여금 등

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1. Defendant B’s KRW 400,000,000 as well as 5% per annum from July 5, 2016 to April 22, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On January 28, 2015, Defendant B entered into a contract with the Plaintiff for a civil engineering work for the creation of a site for G Distribution Center in the G Gero-Maldong, Gyeongbuk-gun (hereinafter “instant construction work”) with the construction cost of KRW 2.2 billion (including value-added tax) and the construction period from March 1, 2015 to July 31, 2015.

B. The Plaintiff’s January 29, 2015 and the same year

2. On July 11, 200,000 won was leased to Defendant B pursuant to the terms and conditions of the said special agreement (hereinafter “instant special agreement”) (i.e., repayment period; hereinafter “the first loan”); and (ii) Defendant C jointly and severally guaranteed the above loan obligation of Defendant B. The instant special agreement requires Defendant B to pay KRW 300 million to the Plaintiff by July 31, 2015, if the full amount of the first loan is not repaid to the Plaintiff by July 31, 2015. For the smooth progress of the said construction project, KRW 150 million was leased to the contractor, regardless of the payment for the said construction project, and if the repayment of the loan is not made by the agreed date, the contractor shall be paid KRW 300 million to the contractor from July 31, 2015 to the date the loan was made by the agreed date, and the contractor shall be paid KRW 150 million to the Plaintiff on July 16, 2015.

The loan certificate B and C shall, with the loan of KRW 100 million per day to H representative director A Co., Ltd., prepare the special terms and conditions as follows:

1. B and C, a joint and several surety, are separately borrowed certificates of KRW 100 million and KRW 50 million borrowed from the representative director H on January 29, 2015 and February 11, 2015.

2.The point of use of the above 100 million won is that B and C will borrow a loan to use the above borrowed amount for the Construction of Warehouse F Storage Facilities in Lluri-gun, and that the time of the construction will be that the Corporation will enter into a contract with a stock company and carry out the construction.

3.The repayment of the above borrowed amounts shall be at the above site.

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