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(영문) 수원지방법원 2015.05.21 2014가합1938
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 20 million and 30% per annum from November 15, 2012 to July 14, 2014.

Reasons

1. Basic facts

A. On July 18, 2008, Defendant C was the Plaintiff, and the fact was that the said Defendant Company G (hereinafter “G”) was not the implementer of the Geumcheon-gu Handong apartment reconstruction project, Geumcheon-gu, Seoul. Despite the absence of delegation from the above apartment reconstruction association or the Si construction company of the authority to conclude a contract for the right to operate the restaurant at the construction site of the above apartment, Defendant C was implementing the Geumcheon-gu Seoul apartment reconstruction project together with the above apartment reconstruction association, and the above apartment 10 million won was changed as it would be to enter into a contract to grant the right to operate the restaurant at the construction site of the 1760 generation of the above apartment, and it was paid from the Plaintiff the sum of KRW 100 million on the same day and KRW 30 million on November 21, 2008.

B. When Defendant C was unable to force the Plaintiff to enter into the above restaurant operation license agreement, around June 2009, the Plaintiff agreed with the Plaintiff to repay the loan amount of KRW 200 million, including the above KRW 130 million and the interest accrued during the loan period (hereinafter referred to as “the loan amount of this case”). As to the first floor No. 104 of the H apartment owned by Defendant E as its security, the registration of the establishment of the mortgage amount of KRW 200 million was completed, and on November 19, 2009, the Plaintiff agreed to repay the loan amount of KRW 200 million to the Plaintiff until December 3, 2009, and written a letter of intent to transfer the right to collect earth and rocks owned by G if not implemented the loan.

C. Ultimately, Defendant C was indicted on December 1, 2010 on the charge of deceiving the Plaintiff and deceiving the said money, and was sentenced to a judgment of conviction for one year by imprisonment with labor for the Seoul Southern District Court 2010Da3577 on October 24, 2012.

(hereinafter “instant criminal trial”) D.

Defendant C appealed with the above judgment, and Defendant D, E, and F agreed on November 15, 2012 during the appellate trial to jointly and severally repay the loan of this case with Defendant C. The following contents are included.

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