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(영문) 인천지방법원 2018.01.11 2017가단26958

차용금

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1. The Defendants jointly share KRW 90,000,000 with respect to the Plaintiff, and as to Defendant B, from September 1, 2015 to September 1, 2017.

Reasons

1. Claim against the defendant B

A. The Plaintiff’s assertion 1) lent KRW 90 million to the Defendants, the owner of the building building building, the Plaintiff. As such, Defendant B was obligated to pay KRW 90 million to the Plaintiff. Defendant B (A) did not borrow from the Plaintiff, and Defendant B affixed a written confirmation stating the purport of offering collateral on Defendant D’s borrowing, and the land ownership and the owner’s name were transferred to F. As such, the obligation to provide collateral was transferred to F and terminated. (B) The payment period was due and the third party did not have arrived since it was not completed by exercising the right of retention.

B. 1) The Defendants filed an application for registration of business with the head of the Gu-Government Tax Office on December 29, 2014 as “G”, the opening date of business “G”, the type of business as “real estate business and lease business, type of business: non-residential building development and supply business, and non-residential building lease business”, and received a business registration certificate stating the above contents. (ii) The Plaintiff transferred KRW 90 million to the Defendant C’s deposit account on July 16, 2015, and via H transferred the amount of KRW 90 million to the Defendant C’s deposit account on July 17, 2015 (hereinafter “instant confirmation”), the Defendants’ personal seal impression, and the said business registration certificate issued.

The Government borrowed 90,000,000 won for the construction of the E-building to proceed with the construction of the I block E-building, and the corresponding E-building J and one of the K units will be provided as security.

From July 17, 2015 to April 45, 2015, a loan may be extended by 30 days if the payment is delayed.

The interest on such interest shall be paid.

Repayment shall be made in preference to the bank and the sale price at the time of completion.

3 On December 10, 2015, Defendant B reported to the director of the tax office of the Jung-gu Office of Government Tax withdrawal from the G’s joint business.

Defendant B, on December 11, 2015, on December 11, 2015, with respect to 1/3 of the share of 603.5 square meters in the Guroporo Lba 603 square meters, on December 10, 2015.