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(영문) 서울중앙지방법원 2017.01.12 2015가합572477

부당이득금

Text

1. The Defendant’s KRW 130,000,000 as well as 5% per annum from November 18, 2015 to January 12, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s loan and investment 1) Plaintiff (a stock company C from February 5, 2013 to the current trade name was changed from February 5, 2013).

from around 2008, corporation D (hereinafter “D”)

2) The project to develop apartment buildings in the E-U.S. Friet site (hereinafter referred to as the “instant south-U.S. project”).

(2) In relation to D, the Plaintiff participated in the instant project by investing business funds to D, and the Defendant, from February 201 to February 2, 201, invested in the instant project along with the Plaintiff by lending funds to the Plaintiff. (2) On July 13, 2011, the Plaintiff entered into a removal construction contract with D, and the Plaintiff entered into a removal construction contract with D, which is part of the instant project, to receive the removal construction from D.

At the time of the above removal construction contract, the Plaintiff and D agreed that “the Plaintiff shall lend KRW 300 million to D at the time of the conclusion of this contract, and D shall complete the transfer of ownership of Friet, and at the same time, the said loan shall be converted to the contract deposit.” Accordingly, on July 13, 201, the Plaintiff borrowed KRW 299 billion from the Defendant and lent KRW 300 million to D.

3) On the other hand, G, the representative director of the Plaintiff, the Defendant, and H used the Plaintiff’s land I, J land, and the above land-based building in Ansan-gu as of June 10, 201, for the implementation of the K Gao Project (hereinafter “instant development project”).

2) The Joint Project Agreement to be jointly promoted (hereinafter referred to as the “Joint Project Agreement”).

(1) Article 3 of the Domestic Development Project Agreement provides that G and the Defendant shall raise half of the performance guarantee money each of the 100 million won following the conclusion of the instant domestic development project agreement (paragraph (1)), and the operating expenses for the progress of the project shall be one half of the total operating expenses of G and the Defendant, respectively (Paragraph (2). The Defendant remitted KRW 100 million to the Plaintiff on June 10, 201 for the payment of the performance guarantee money. 4) The Defendant transferred the said performance guarantee money to the Plaintiff from February 28, 2011 to November 8, 2012.