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의정부지방법원 2015.01.15 2014나50105

투자금 반환 청구

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On February 2, 2011, the Plaintiff received a request from C and D couple (hereinafter “C, etc.”) to grant a loan by offering 14 lots of land located in H, such as G, the area of 386 square meters, etc. (hereinafter “each of the instant lands”) prior to Chungcheongnam-si, Chungcheongnam-si.

Of the above lands at the time, 13 parcels were the objects of auction in the process of voluntary auction initiated by Gangnam Capital Co., Ltd. (hereinafter “Gangnam Capital”), a collateral security (hereinafter “Gangnam Capital”), but among them, the land on the fourth parcel was awarded to the highest bidder in the process of voluntary auction commenced by the application of Gangnam Capital, and was in a state of being failed to pay the proceeds of sale, and the remaining nine parcels were the land on the nine parcels.

B. The Plaintiff requested the Defendant to lend KRW 600 million to C, etc. on the security of each land of this case, on the ground that the Defendant may prepare KRW 515 million, the Plaintiff sought the remainder of KRW 85 million.

C. On February 21, 2011, the Defendant, solely with the Defendant, concluded a loan agreement with the Defendant to lend KRW 600 million between the Defendant as the lender on May 20, 201 and 30% per annum of interest, and concluded a loan agreement with the Defendant as to each of the instant land as a security for the loan claim, and completed the registration of creation of a mortgage over each of the instant land as the obligor C (hereinafter “mortgage”), and remitted KRW 484,442,90 to the deposit account of the Gangnam Capital, and deducted KRW 30 million as the prior interest, and deducted KRW 30 million as the debtor.

around that time, the Plaintiff paid KRW 50 million to C in cash, and paid KRW 25,080,000 in total as the deposit account of the I certified judicial scrivener designated by C on February 22, 2011.

E. On February 22, 2011, the Plaintiff and the Defendant drafted a letter of agreement on investment (Evidence A3, hereinafter “instant investment agreement”) and the content thereof are as follows.

1. The defendant shall be five hundred million won.