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(영문) 의정부지방법원 2020.01.15 2017가합1872

대여금

Text

1. The Defendant’s KRW 310,000,000 and its amount shall be 15% per annum from September 8, 2017 to May 31, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Plaintiff’s wife C (hereinafter collectively referred to as “the Plaintiff and the other spouse”).

A) From August 2012, 2012, the Defendant and the Defendant were the Defendant’s directors, and, at the same time, the Defendant was the Defendant’s head of F from among the welfare facilities for the aged (hereinafter “instant housing”).

) The Agreement to purchase KRW 520,000,000 (hereinafter “instant sales contract”)

(2) The Defendant’s purchase price is KRW 520,00,000,000 on August 7, 2012, and KRW 40,000 on August 16, 2012, and KRW 210,000,000 on August 23, 2012, and KRW 100,000 on August 24, 2012, and KRW 520,00,000 on October 120, 2012 (hereinafter “instant purchase price”).

2) The instant housing obtained approval for use as a welfare facility for the aged, so it is possible to change its use into a housing for which five years have passed from the date of approval for use.

Accordingly, both the Plaintiff and the Defendant agreed to deliver the instant house to the husband and wife, including the Plaintiff, immediately, but the transfer of ownership was made after the change of use into a house around December 2015.

B. On October 2012, married couple, including the Plaintiff, etc., including the Plaintiff, etc., made an investment in the same amount as that of the Defendant, and made an investment in Namyang-si, Namyang-si, G forest land 7,997 square meters (hereinafter “instant forest land”).

(2) The term “convalescent hospital of this case” (hereinafter referred to as the “convalescent hospital of this case”) shall be

(2) The agreement to carry on the partnership business of this case (hereinafter referred to as the “instant partnership business agreement”)

2) According to the instant business agreement, the Plaintiff et al. paid KRW 1,004,00,000 as the purchase price for the instant forest (payment of KRW 530,000,000 with the check, and acquisition of KRW 474,00,000 with the obligation to lend the instant forest land) to H, and the Defendant paid KRW 1,128,00,000 in total as the construction price for the instant convalescent hospital from February 27, 2013 to May 26, 2014.

On the other hand, according to the instant business agreement, the Defendant created a site for the construction of the instant convalescent hospital and built of the basic reinforced concrete.