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(영문) 서울중앙지방법원 2019.07.24 2018가합501650

대여금

Text

1. Defendant B and C jointly and severally with the Plaintiff KRW 4.5 billion and among them:

A. As to KRW 2 billion, March 28, 2014.

Reasons

1. Basic facts

A. On March 26, 2014, the Plaintiff entered into a business agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on March 26, 2014 with respect to a transaction relationship between the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”). Defendant B, an executor, completed the authorization and permission for securing ownership of a lot of land 259,043.83m2, which is a site for leased apartment land in Kimhae-si, Kimhae-si, and the Plaintiff entered into a business agreement with Defendant B to lend the land price of KRW 2 billion to secure ownership of the said site (hereinafter “instant business agreement”).

B) Of the instant business agreement, the main contents of the instant case are as follows: (1) “A”’s obligation (hereinafter “A” (hereinafter the same shall apply) “B” is to complete the authorization and permission for securing 100% ownership of a project site and project progress. (2) “B” (the Plaintiff; hereinafter the same shall apply) shall lend the land price of “A” up to March 31, 2014 in order to secure ownership under paragraph (1) as the condition for participation in the project, and “A” shall be repaid from the proceeds from the lease (rental deposit) to other project expenses. “B” shall not claim damages between all expenses, such as general management expenses, and if the instant project is terminated or terminated without any cause attributable to both parties. In this case, “B” shall be repaid “B” up to 100 million won on a yearly basis pursuant to Article 1(2) “B” and “B” shall be repaid immediately before the date on which the loan is completed by 200 million won on a two-year basis.”

(C) The Plaintiff on March 28, 2014.