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(영문) 서울남부지방법원 2018.02.13 2016가단33442

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts D entered into a contract for the purchase of officetel 23 households (total sale price of KRW 8,687,152,500), including the building G heading on two parcels outside Gangseo-gu Seoul Metropolitan Government (hereinafter referred to as the “instant building”), at the discount sale price, in order to avoid profits from the market price by selling at discount, and to purchase at H Co., Ltd. (hereinafter referred to as “H”) 6,734,860,490 ( approximately 77.5% of the above sale price) on February 10, 2010.

D) The above 23 households were offered as security to the I.S. association (hereinafter the I.I. association) and were intended to pay the purchase price for the loan. Since it became known that there was a single person who is not allowed to lend over KRW 500 million per person, it entered into a sales contract with different names so as not to be subject to the above restriction, and the nominal holders to be the loan obligor were sought.

The above loans were made by the J upon request of the J, and by the J again requested by the J to B, who was the chief of the office of the International Union-designated Judicial scrivener (K), and the B was asked for the loan to L and B, and the loan procedure was advanced between L and B. L was made in the office of sales in officetels on February 9, 2010 and October 10, L drafted a loan document between D and the buyer directly or indirectly recruited by the office of sales intel.

B dealt with registration-related affairs incidental thereto.

On February 9, 2010, the Defendant prepared a contract form (Evidence 2) with respect to the instant building as the sale price of KRW 418,770,00 (the original sale price, not the purchase price at H, not the purchase price at a discount by D) with respect to the instant building at the office of sales in officetels, and prepared an application form for a loan of KRW 304,000,000 from I Cooperatives to obtain a loan from 304,00,000, and prepared and issued the documents, etc. required to set up the first-class collateral security right on the instant building.

Ultimately, following the above process, for the entire 23 households of the instant officetels, the total amount of 6,226,00,000 won from the IF loans around February 19, 201.