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(영문) 창원지방법원 2014.07.03 2013가합4388

약정금

Text

1. The defendant,

A. 30,000,000 won to the plaintiffs and 5% per annum from November 16, 2009 to July 25, 2013.

Reasons

1. Determination as to the plaintiffs' claim for the agreed amount

A. Basic facts 1) D was solicited by the Defendant, introduced through E and F, around July 2007, to participate in real estate development projects conducted in G G in Gyeyang-si, G, and thereafter, Defendant, E, F, and D, etc. to waiting for real estate purchase funds. To carry out the above projects, Defendant, E, F, and D, etc. (hereinafter “H”).

D) Around October 2007, H had lent KRW 50 million from the Plaintiffs to the Defendant as the land purchase fund, and, at least KRW 280 million, directly granted the Defendant the purchase of land of KRW 630 million (hereinafter referred to as “instant land”) in the name of D, E lent KRW 80 million from the Plaintiffs to the Defendant as the representative director, and E lent KRW 80 million from the Plaintiffs under the joint and several guarantee of D to purchase the land of KRW 70 million in the name of Plaintiff A.

3) However, D received a claim from the land owner to cancel the contract because it did not receive the price, and the Defendant and E knew that it did not use the money received as the funds for the purchase of the entire land as above. D demanded the resolution of the problem, but eventually, the purchase of the land in the name of D was no longer possible due to the lack of funds. The Defendant cancelled the contract for the land in this case on July 28, 2008 and returned part of the purchase fund to D with the down payment received for the purchase of the land in this case on or after January 2009, D used part of the above amount of KRW 50 million for the Defendant and KRW 80 million for the said development project, even though the Defendant and E paid KRW 1.3 billion for the purchase of the land in this case on or after January 209.