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(영문) 수원지방법원성남지원 2016.11.23 2015가합208463

대여금

Text

1. The Defendant’s KRW 38,285 as well as the Plaintiff’s annual rate of KRW 5% from October 27, 2015 to November 23, 2016.

Reasons

1. Basic facts

A. On April 14, 2006, the Plaintiff invested KRW 1.3 billion with the Defendant, purchased land (hereinafter “instant land”) in the name of the Defendant in the course of voluntary auction. On June 26, 2006, the Plaintiff completed the registration of ownership transfer with respect to the instant land under the name of the Defendant. On September 12, 2008, the Plaintiff entered into an investment and performance agreement (hereinafter “instant investment agreement”) regarding the said investment. The main contents are as follows.

The Defendant and the Plaintiff agreed on the investment and performance as follows:

-A. D. D. (27 parcel, the land in this case) Investment amount: 1.00 million won per day (in n.e., 1,300,000), 2.0 billion won per day (the auction proceeds of March 14, 2006) : Defendant 6.97%, 33.03% of the sale proceeds of the goods in this case, and 3.03% of the sale proceeds of the goods in this case, if the goods in this case were sold to the goods in accordance with the share ratio of Article 2 above, the remainder other than all necessary expenses shall be allocated in accordance with the share ratio of Article 2 above.

5. Other matters not specified in this Agreement shall be governed by the related Acts and subordinate statutes and commercial practices.

B. On January 14, 2009, the Defendant sold the instant land to E for KRW 4.9 billion (hereinafter “instant sales contract”), and the main contents are as follows.

The location of indication of real estate: The sale price for the 26 parcel (Payments for the 4,90,000,000) of Chungcheongnam-gun, Chungcheongnam-gun and 26 parcel (Payments for the 4,90,000): The gold-gu Won (490,000,000) shall be paid at the time of the contract and received at the time of the contract: (1) the amount of KRW 1,960,000 (1,960,000) shall be paid at the time of the contract and received at the time of the contract, and (2) the amount of KRW 1,960,000,000 (1,960,000,000) shall be paid on January 30, 2009.

Balance: Geum-gu,00,000 Won (490,000,000) shall be paid simultaneously with the receipt of a transfer of ownership from the New Real Estate Trust Co., Ltd., the trustee, by E (or E).

Article 2 (Transfer, etc. of Ownership) (1) The defendant shall make the purchase price.