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(영문) 서울중앙지방법원 2020.09.16 2018가단5021756

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for payment of Japanese currency 6,873,265 UN and its related thereto from May 13, 2016 to September 16, 2020.

Reasons

1. Basic facts

A. Defendant B is the omission of the Plaintiff’s spouse D (the name before naturalization in the same person): Defendant C is the spouse of Defendant B.

B. On March 2005, the Plaintiff: (a) invested KRW 324.2 million (32.5 million) and did not enter into an agreement on the payment of separate interest or dividends when the Defendants purchased the studio building in Chuncheon-si (hereinafter “the studio building in this case”); (b) subsequently, around January 2009, the Defendants sold the studio building in this case; and (c) the remaining amount after settling the obligation to return deposit, etc. to be succeeded by the buyer in the purchase price is KRW 290,000,000,000,000 won, excluding taxes of KRW 14,000,000,000.

C. The Defendants, while purchasing and operating the G-si G Land and Commercial Building (hereinafter “instant real estate”), concluded a new loan agreement with the Plaintiff on the amount of KRW 28 million in the original settlement of accounts and KRW 75 million in additional loans, and drafted a certificate of custody and a certificate of return (hereinafter “instant certificate”) with the following content around July 2010.

B and C (hereinafter referred to as “A”) are invested by the husband A (hereinafter referred to as “B”) of E (hereinafter referred to as “A”) in the purchase of this building from Japan 35 million UN.

From December 2010 to December 2010, A promises to open a separate account for exclusive deposits in the Korean won in the amount equivalent to the United Nations 145,000, in the Korean Won, and to accumulate the amount by the end of each month.

Return of the principal of the investment to 35 million UN, regardless of the exchange rate at the time of return, A promises to transfer to B or C, or to any person designated by B, the shares of this building converted into 35 million UN on the basis of the value of the goods at the time of return, either returning 35 million UN to Japan or at the time of return.

On the other hand, the plaintiff shall arrange the details of the settlement following the sale of the studio building of this case and enter them in the letter of commitment of this case.