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(영문) 의정부지방법원고양지원 2016.11.16 2015가단93187
공탁금출급청구권 확인의 소
Text

1. Defendant B, C, and D Korea Land and Housing Corporation are the High Government District Court Decision 3097Da3097 decided August 17, 2015.

Reasons

1. Basic facts

A. At the office of the bond business operator using the company’s trade name “G”, F, the agent of the Plaintiff’s representative E, drafted a loan application on May 14, 2012 and a loan transaction agreement as of May 15, 2012, respectively, with the following content as the obligee’s disturbance in accordance with the direction of H, an employee of the bond business operator:

The loan amounting to 500,00,000, interest rate of 30% per annum, interest rate of 38.4% per annum, 38.4% per annum, debtor E, joint guarantor, plaintiff, F (Evidence A 4-1, 4) who is a joint guarantor, interest rate of 50,00,000 won per annum, 30% per annum, interest rate of 30% per annum, 38.4% per annum, obligor E, joint guarantor F (Evidence A 4-2, 3)

B. On May 14, 2012, E and F prepared receipts of KRW 550,00,000 (Evidence No. 4-5) and promissory notes of KRW 825,00,000 at face value (Evidence No. 4-6) with no loan granted on May 14, 2012. However, each of the above receipts and promissory notes includes the phrase “the validity of deposit at the time of the account.”

C. On May 15, 2012, G deposited KRW 59,405,039 and KRW 50,000 in the name of Defendant B and C in the head of Tong, respectively, and E re-transfer KRW 40,168,00 to G on the same day.

On June 11, 2012, at the request of one of the creditors, debtors, and debtors, a notary public prepared a notarial deed under a monetary loan agreement (No. B. 2; hereinafter "notarial deed of this case") No. 1899 on June 11, 2012, which is composed of the creditors B, debtors, plaintiffs, E, and F, and the notarial deed of this case is indicated as borrowing KRW 360,00,000 from Defendant B on May 15, 2012.

E. On August 6, 2012, G notified Defendant B, C, and D that the Plaintiff’s credit to be paid to the Korea Land and Housing Corporation under the name of Defendant B, C, and D was transferred to Defendant B, C, and D to the Korea Land and Housing Corporation (on the implementation of the housing site development zone in relation to K and L), and the said notification was served to the Korea Land and Housing Corporation on August 7, 2012.

(f)the Korea Land and Housing Corporation;

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