(영문) 서울중앙지방법원 2017.05.17 2016가단113694

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(영문) 서울중앙지방법원 2017.05.17 2016가단113694

대여금

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1. Defendant B’s KRW 80,000,000 as well as 5% per annum from December 31, 2007 to August 23, 2016 to the Plaintiff.

Reasons

Facts of recognition

Defendant B, who works as the head of D, lent KRW 1,50,000 to E who has operated the subcontractor around October 2013, and then lent KRW 1,50,000 to E who has been operating the subcontractor, the degree of KRW 20,000 to be returned as aground.

E requested the Plaintiff to lend the remainder of KRW 100 million to Defendant B, as only 50 million of his own money, and the Plaintiff accepted this proposal and lent KRW 50 million to Defendant B.

E on October 16, 2003 and October 17, 2003, the sum of KRW 1,50,000,000,000,000 and KRW 1,50,000,000 received from the Plaintiff, were remitted to Defendant B’s account. Defendant B remitted the said sum of KRW 1,50,000 to G for the F business.

On October 17, 2003, Defendant B made a loan certificate (Evidence A5) stating that the Plaintiff shall borrow KRW 100 million from the Plaintiff and KRW 50 million from E and deliver it to the Plaintiff and E, and on August 16, 2004, written a payment note (Evidence A6) stating that the Plaintiff and E shall pay KRW 140 million up to September 24, 2004.

When Defendant B delayed the repayment of the above money, the Plaintiff and E filed a complaint against Defendant B for fraud. In the course of the investigation, the Plaintiff and Defendant B agreed on August 22, 2006 as follows.

[Matters of agreement] The plaintiff's remaining claims against the defendant B by including some of the money paid up to the time as principal shall be deemed to remain 80 million won.

Defendant B shall pay 80 million won up to December 30, 2007, and Defendant C shall guarantee 70 million won among them.

The Defendants shall prepare a notarial deed of promissory note with Defendant B and the guarantor C at a face value of KRW 70 million, issue date August 22, 2006, and on December 30, 2007, and on December 30, 2007, and on the remaining KRW 10,000,000, respectively, and shall prepare a notarial deed with Defendant B until December 30, 2007.

Pursuant to the above agreement, a promissory note A with a face value of KRW 70,000 on August 22, 2006.

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